Commission Decision (EU) 2025/1191 of 21 February 2025 on State aid SA. 33769 – C... (32025D1191)
INHALT
Commission Decision (EU) 2025/1191 of 21 February 2025 on State aid SA. 33769 – C/2015 (ex NN/2015) (ex CP/2011) implemented by Romania for Târgu Mureş Transylvania Airport (notified under document C(2025) 1127)
- COMMISSION DECISION (EU) 2025/1191
- of 21 February 2025
- on State aid SA. 33769 – C/2015 (ex NN/2015) (ex CP/2011) implemented by Romania for Târgu Mureş Transylvania Airport
- (notified under document C(2025) 1127)
- (Only the Romanian text is authentic)
- (Text with EEA relevance)
- 1.
- PROCEDURE
- 1.1.
- Proceedings on the alleged public funding to Târgu Mureş Transylvania Airport in the period 2007-2009
- 1.2.
- Proceedings on the alleged aid measures to the airlines operating in Târgu Mureş Transylvania Airport, to Târgu Mureş Transiylvania Airport and to its Airport Manager
- 1.3.
- Procedural steps common to the 2011 and 2015 Opening Decisions
- 2.
- TÂRGU MUREŞ AND THE MUREŞ COUNTY
- 2.1.
- Overview
- 2.2.
- Population trends and economic performance
- 2.3.
- Road infrastructure
- 3.
- TÂRGU MUREŞ AIRPORT
- 3.1.
- The Airport
- 3.2.
- Airport Manager
- 4.
- DETAILED DESCRIPTION OF THE MEASURES
- 4.1.
- Measure 1 - Financing of TMA in the period 2007-2009
- 4.2.
- Measure 2 - Financing of ground handling infrastructure in 2011
- 4.3.
- Measure 3 – Financing of TMA under the 2011 SGEI Entrustment from August 2011 to October 2014
- 4.4.
- Measure 4 - Financing of TMA under the 2014 SGEI Entrustment from 30 October 2014 to 9 May 2019
- 4.5.
- Measure 5 –Airport charges for airlines operating at TMA from 21 March 2013 to 16 February 2019
- 5.
- GROUNDS FOR INITIATING THE FORMAL INVESTIGATION PROCEDURE
- 5.1.
- Measure 1 - Financing of TMA in the period 2007-2009
- 5.2.
- Measure 2 - Financing of ground handling infrastructure in 2011
- 5.3.
- Measure 3 - Financing of TMA under the 2011 SGEI Entrustment from August 2011 to October 2014
- 5.4.
- Measure 4 - Financing of TMA under the 2014 SGEI Entrustment from 30 October 2014 to 9 May 2019
- 5.5.
- Measure 5 – Airport charges for airlines operating at TMA from 21 March 2013 to 16 February 2019
- 6.
- COMMENTS FROM ROMANIA
- 6.1.
- Comments from Romania to the 2011 Opening Decision
- (Measure 1)
- 6.2.
- Comments from Romania to the 2015 Opening Decision
- 6.2.1.
- Financing of ground handling infrastructure in 2011 (Measure 2)
- 6.2.2.
- SGEI Entrustment Acts (Measures 3 and 4)
- 6.2.3.
- Level of airport charges (Measure 5)
- 6.2.4.
- Financing under Regional Decision No 47/2013 of Mureș County Council
- 6.3.
- Comments from interested parties
- 6.3.1.
- Comments from interested parties to the 2011 Opening Decision
- 6.3.1.1. Carpatair
- 6.3.1.2. Romanian Airports Association
- 6.3.2.
- Comments from interested parties to the 2015 Opening Decision
- 6.3.2.1. Cluj-Napoca Airport
- 6.3.2.1.1. Level of airport charges
- 6.3.2.1.2. SGEI Entrustment Acts
- 6.3.2.1.3. Financing under the Regional Decision No. 47/2013 of Mureș County Council
- 6.3.2.1.4. Wizz Air
- 7.
- ROMANIA’S COMMENTS ON INTERESTED PARTIES’ COMMENTS
- 7.1.
- Comments from Romania to comments of interested parties to the 2011 Opening Decision (Measure 1)
- 7.2.
- Comments from Romania to comments of interested parties comments to the 2015 Opening Decision
- 7.2.1.
- Level of airport charges (Measure 5)
- 7.2.2.
- SGEI Entrustment Acts (Measures 3 and 4)
- 8.
- ASSESSMENT OF MEASURE 1 – FINANCING OF TMA IN THE PERIOD 2007-2009
- 8.1.
- Existence of aid
- 8.1.1.
- Economic activity and notion of undertaking
- 8.1.2.
- State resources and imputability to the State
- 8.1.3.
- Selectivity
- 8.1.4.
- Economic advantage
- 8.1.4.1. Altmark 4
- 8.1.4.2. Conclusion
- 8.1.5.
- Distortion of competition and effect on trade between Member States
- 8.1.6.
- Conclusion on existence of State aid
- 8.2.
- Lawfulness of the aid
- 8.3.
- Compatibility with the internal market
- 8.3.1.
- Application of the GBER
- 8.3.1.1. Compatibility with Chapter I of the GBER
- 8.3.1.2. Compatibility with the conditions laid down in Article 56a of the GBER
- 8.3.1.3. Conclusion of the compatibility with the GBER conditions
- 8.3.2.
- Conclusion on the compatibility of Measure 1
- 9.
- ASSESSMENT OF MEASURE 2 – FINANCING OF GROUND HANDLING INFRASTRUCTURE IN 2011
- 9.1.
- Existence of aid
- 9.1.1.
- Economic activity and notion of undertaking
- 9.1.2.
- State resources and imputability to the State
- 9.1.3.
- Selectivity
- 9.1.4.
- Economic advantage
- 9.1.5.
- Distortion of competition and effect on trade between Member States
- 9.1.6.
- Conclusion on existence of State aid
- 9.2.
- Lawfulness of the aid
- 9.3.
- Compatibility with the internal market
- 9.3.1.
- Application of the GBER
- 9.3.2.
- Compatibility of the measure with the relevant GBER provisions
- 9.3.2.1. Compatibility with Chapter I of the GBER
- 9.3.2.2. Compatibility with the conditions laid down in Article 56a of the GBER
- 9.3.2.3. Conclusion of the compatibility with the GBER conditions
- 9.3.3.
- Conclusion on the compatibility of Measure 2
- 10.
- ASSESSMENT OF MEASURE 3 -FINANCING OF TMA UNDER THE 2011 SGEI ENTRUSTMENT FROM AUGUST 2011 TO OCTOBER 2014
- 10.1.
- Existence of aid
- 10.1.1.
- Economic activity and notion of undertaking
- 10.1.2.
- State resources and imputability to the State
- 10.1.3.
- Selectivity
- 10.1.4.
- Economic advantage
- 10.1.5.
- Distortion of competition and effect on trade between Member States
- 10.1.6.
- Conclusion on existence of State aid
- 10.2.
- Lawfulness of the aid
- 10.2.1.
- Compliance of the 2011 SGEI Entrustment with the 2005 SGEI Decision
- 10.2.2.
- Conclusion
- 11.
- ASSESSMENT OF MEASURE 4 – FINANCING OF TMA UNDER THE 2014 SGEI ENTRUSTMENT FROM 30 OCTOBER 2014 TO 9 MAY 2019
- 11.1.
- Existence of aid
- 11.1.1.
- Economic activity and notion of undertaking
- 11.1.2.
- State resources and imputability to the State
- 11.1.3.
- Selectivity
- 11.1.4.
- Economic advantage
- 11.1.5.
- Distortion of competition and effect on trade between Member States
- 11.1.6.
- Conclusion on existence of State aid
- 11.2.
- Lawfulness of the aid
- 11.3.
- Compatibility with the internal market
- 11.3.1.
- Genuine SGEI as referred to in Article 106 TFEU
- 11.3.2.
- Need for an entrustment act specifying the public service obligations and the methods for calculating compensation
- 11.3.3.
- Duration of the period of entrustment
- 11.3.4.
- Compliance with Directive 2006/111/EC
- 11.3.5.
- Compliance with Union public procurement rules
- 11.3.6.
- Absence of discrimination
- 11.3.7.
- Amount of compensation
- 11.3.8.
- Account separation
- 11.3.9.
- Overcompensation
- 11.3.10.
- Transparency
- 11.3.11.
- Conclusion on the compatibility of Measure 4
- 12.
- ASSESSMENT OF MEASURE 5 - AIRPORT CHARGES FOR AIRLINES OPERATING AT TMA FROM 21 MARCH 2013 TO 16 FEBRUARY 2019
- 12.1.
- Existence of aid
- 12.2.
- Selectivity
- 12.2.1.
- Conclusion on selectivity
- 12.2.2.
- Conclusion on the existence of State aid
- Article 1
- Article 2
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