Commission Decision (EU) 2016/287 of 15 October 2014 on State aid SA.26500 — 2012... (32016D0287) 
                
                
            INHALT
Commission Decision (EU) 2016/287 of 15 October 2014 on State aid SA.26500 — 2012/C (ex 2011/NN, ex CP 227/2008) implemented by Germany for Flugplatz Altenburg-Nobitz GmbH and Ryanair Ltd (notified under document C(2014) 7369) (Text with EEA relevance)
- COMMISSION DECISION (EU) 2016/287
 - of 15 October 2014
 - on State aid SA.26500 — 2012/C (ex 2011/NN, ex CP 227/2008) implemented by Germany for Flugplatz Altenburg-Nobitz GmbH and Ryanair Ltd
 - (notified under document C(2014) 7369)
 - (Only the German text is authentic)
 - (Text with EEA relevance)
 - 1.
 - PROCEDURE
 - 2.
 - BACKGROUND TO THE INVESTIGATION
 - 2.1. THE FIRST CONVERSION OF THE AIRPORT TO LOW-COST AVIATION SERVICES
 - 2.2. THE SECOND CONVERSION OF THE AIRPORT TO GENERAL AVIATION
 - 3.
 - THE MEASURES UNDER ASSESSMENT AND THEIR CONTEXT
 - 3.1. OVERVIEW OF THE PUBLIC CONTRIBUTIONS RECEIVED BY FLUGPLATZ ALTENBURG-NOBITZ GMBH
 - 3.2. FINANCING OF INFRASTRUCTURE INVESTMENTS IN 2000–2011
 - 3.3. FINANCING OF OPERATING LOSSES OF FLUGPLATZ ALTENBURG-NOBITZ GMBH IN 2000-2011
 - 3.4. AIRPORT CHARGES AND PAYMENTS TO RYANAIR UNDER THE AIRPORT SERVICES AND MARKETING AGREEMENTS
 - 3.4.1.
 - The schedule of airport charges at AOC
 - 3.4.2.
 - The Ryanair airport services agreement of 3 March 2003
 - 3.4.3.
 - The marketing services agreements
 - 3.4.3.1.
 - The marketing agreement of 7 April 2003
 - 3.4.3.2.
 - The marketing agreement of 28 August 2008
 - 3.4.3.3.
 - The marketing agreement of 25 January 2010
 - 3.4.3.4.
 - The side letter of 21 September 2010
 - 4.
 - GROUNDS FOR INITIATING THE FORMAL INVESTIGATION PROCEDURE AND THE INITIAL ASSESSMENT BY THE COMMISSION
 - 5.
 - COMMENTS FROM GERMANY
 - 5.1. FINANCING OF INFRASTRUCTURE INVESTMENTS IN 2000–2011 (MEASURE 1)
 - 5.2. FINANCING OF OPERATING LOSSES OF FLUGPLATZ ALTENBURG-NOBITZ GMBH IN 2000-2011 (MEASURE 2)
 - 5.3. AIRPORT CHARGES AND PAYMENTS TO RYANAIR UNDER THE AIRPORT SERVICES AND MARKETING AGREEMENTS (MEASURE 3)
 - 6.
 - COMMENTS FROM INTERESTED PARTIES
 - 6.1. COMMENTS FROM RYANAIR
 - 6.2. COMMENTS FROM AIRPORT MARKETING SERVICES (AMS)
 - 6.3. COMMENTS FROM LUFTHANSA
 - 6.4. COMMENTS FROM BUNDESVERBAND DER DEUTSCHEN FLUGGESELLSCHAFTEN
 - 7.
 - COMMENTS FROM GERMANY ON INTERESTED PARTIES' COMMENTS
 - 7.1. COMMENTS FROM GERMANY ON THE COMMENTS FROM RYANAIR
 - 7.2. COMMENTS FROM GERMANY ON THE COMMENTS FROM LUFTHANSA
 - 8.
 - ASSESSMENT
 - 8.1. EXISTENCE OF AID
 - 8.1.1.
 - Measure 1: Financing of infrastructure investments in 2000-2011
 - 8.1.2.
 - Measure 2: Financing of operating losses of Flugplatz Altenburg-Nobitz GmbH in 2000-2011
 - 8.1.3.
 - Measure 3: Airport charges and payments to Ryanair under the airport services and marketing agreements
 - — Airport services and marketing agreements of 2003
 - — Airport services and marketing agreements of 2003 + The marketing agreement of 28 August 2008
 - — Airport services and marketing agreements of 2003 + the marketing agreement of 25 January 2010
 - — Conclusion
 - 8.2. COMPATIBILITY OF THE AID
 - 8.2.1.
 - Measure 1: Financing of airport infrastructure at AOC
 - 8.2.1.1.
 - The construction and operation of the infrastructure meets a clearly defined objective of common interest (regional development, accessibility, etc.)
 - 8.2.1.2.
 - The infrastructure is necessary and proportionate to the objective which has been set
 - 8.2.1.3.
 - The medium-term prospects for the use of the infrastructure are satisfactory, in particular as regards the use of existing infrastructure
 - 8.2.1.4.
 - All potential users of the infrastructure have access to it in an equal and non-discriminatory manner
 - 8.2.1.5.
 - The development of trade is not affected to an extent contrary to the EU interest
 - 8.2.1.6.
 - The aid has an incentive effect and is necessary and proportionate
 - 8.2.1.7.
 - Conclusion
 - 8.2.2.
 - Measure 2: Financing of operating losses of Flugplatz Altenburg-Nobitz GmbH in the years 2000-2011
 - 8.2.2.1.
 - Contribution to a well-defined objective of common interest
 - 8.2.2.2.
 - Need for state intervention
 - 8.2.2.3.
 - Appropriateness of the aid measure
 - 8.2.2.4.
 - Existence of incentive effect
 - 8.2.2.5.
 - Proportionality of the aid amount (aid limited to a minimum)
 - 8.2.2.6.
 - Avoidance of undue negative effects on competition and trade between Member States
 - 8.2.2.7.
 - Conclusion
 - 8.2.3.
 - Measure 3: Airport charges and payments to Ryanair under the combination of the 2003 airport services agreement, the 2003 marketing agreement and the 2010 marketing agreement
 - 8.2.3.1.
 - Applicable legal framework
 - 8.2.3.2.
 - Compatibility assessment for the contract concluded on 25 January 2010, combined with the airport services contract concluded on 3 March 2003 and the marketing agreement concluded on 7 April 2003
 - 8.2.3.3.
 - Conclusion
 - 9.
 - CONCLUSION
 - 9.1. MEASURE 1: FINANCING OF INFRASTRUCTURE INVESTMENTS IN THE YEARS 2000-2011
 - 9.2. MEASURE 2: FINANCING OF OPERATING LOSSES OF FLUGPLATZ ALTENBURG-NOBITZ GMBH IN THE YEARS 2000-2011
 - 9.3. MEASURE 3: RYANAIR SERVICES AND MARKETING AGREEMENTS
 - Article 1
 - Article 2
 - Article 3
 - Article 4
 - Article 5