Commission Decision (EU) 2023/2160 of 27 March 2023 on State aid in favour of Ali... (32023D2160)
Commission Decision (EU) 2023/2160 of 27 March 2023 on State aid in favour of Alitalia (new loan to Alitalia) SA.55678 (2019/NN), implemented by Italy (notified under document C(2023) 1713)
- COMMISSION DECISION (EU) 2023/2160
- of 27 March 2023
- on State aid in favour of Alitalia (new loan to Alitalia) SA.55678 (2019/NN), implemented by Italy
- (notified under document C(2023) 1713)
- (Only the Italian version is authentic)
- (Text with EEA relevance)
- 1.
- PROCEDURE
- 2.
- DESCRIPTION OF THE 2019 LOAN AND PERTINENT FACTS
- 2.1.
- The 2019 loan granted by the Italian State
- 2.2.
- Context in which the 2019 loan was granted to Alitalia
- 2.2.1.
- Factual background to the 2019 loan
- 2.2.2.
- The Commission decision on the 2017 loans
- 2.3.
- The beneficiaries
- Chart 1
- Ownership structure of the Alitalia Group on 23 January 2018
- 2.4.
- Alitalia’s financial position
- 2.4.1.
- The period until the granting of the 2017 loans
- 2.4.2.
- The period after the granting of the 2017 loans and before the granting of the 2019 loan
- Table 2
- Alitalia’s free cashflow including debt service payments and cash position (in millions of euros)
- 2.5.
- The extraordinary administration procedure under which Alitalia was placed in May 2017
- 2.5.1.
- Extraordinary administration and special rules applying to very large companies
- (53)
- 2.6.
- Public statements by members of the Italian government
- 2.7.
- The sales process of Alitalia and its extensions
- 2.8.
- The complaints
- 2.9.
- Summary of the Opening Decision
- 3.
- COMMENTS FROM INTERESTED PARTIES
- 4.
- INFORMATION PROVIDED BY ITALY
- 4.1.
- Information provided by Italy before the Opening Decision
- 4.2.
- Italy’s submissions after the Opening Decision
- 5.
- ASSESSMENT OF THE AID
- 5.1.
- Existence of aid within the meaning of Article 107(1) TFEU
- 5.1.1.
- Notion of undertaking
- 5.1.2.
- State resources and imputability to the State
- 5.1.3.
- Selectivity
- 5.1.4.
- Advantage
- 5.1.4.1.
- Separability of the 2019 loan from the 2017 loans and applicability of the MEO test
- 5.1.4.2.
- Applicability of the market economy operator test
- 5.1.4.2.1. Italy acted as public authority and not as a market economy operator
- 5.1.4.2.1.1. The nature and subject matter of the measure
- 5.1.4.2.1.2. The context of the measure
- 5.1.4.2.1.3. The objective pursued
- 5.1.4.2.1.4. The rules to which the measure is subject
- 5.1.4.2.2. Lack of a MEO reasoning by Italy
- 5.1.4.3.
- Application of the market economy operator test
- 5.2.
- Lawfulness of the aid
- 6.
- COMPATIBILITY OF THE AID
- 6.1.
- Existence of aid within the meaning of Article 107(1) TFEU
- 6.2.
- Assessment under Article 107(3), point (c), TFEU and in particular under the Rescue and Restructuring Guidelines
- 7.
- CONCLUSION
- 8.
- RECOVERY
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
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