Commission Decision (EU) 2015/1824 of 23 July 2014 on the measures taken by Germa... (32015D1824) 
                
                
            INHALT
Commission Decision (EU) 2015/1824 of 23 July 2014 on the measures taken by Germany with regard to Airport Niederrhein (Weeze) und Flughafen Niederrhein GmbH — SA.19880 and SA.32576 (ex NN/2011, ex CP/2011) (notified under document C(2014) 5084) (Text with EEA relevance)
- COMMISSION DECISION (EU) 2015/1824
 - of 23 July 2014
 - on the measures taken by Germany with regard to Airport Niederrhein (Weeze) und Flughafen Niederrhein GmbH — SA.19880 and SA.32576 (ex NN/2011, ex CP/2011)
 - (notified under document C(2014) 5084)
 - (Only the English text is authentic)
 - (Text with EEA relevance)
 - 1.
 - PROCEDURE
 - 2.
 - GENERAL CONTEXT
 - 2.1.
 - General presentation of the airport
 - 2.2.
 - Development of the airport
 - 2.2.1.
 - Development of the Ownership of the airport
 - 2.2.2.
 - The economic development of EEL GmbH and FN GmbH
 - 3.
 - DESCRIPTION OF THE MEASURES UNDER ASSESSMENT AND THEIR CONTEXT
 - 3.1.
 - Measure 1: Loans from EEL GmbH to FN GmbH
 - 3.2.
 - Measure 2: Support from the Land Nordrhein Westfalen
 - 3.3.
 - Measure 3: Support granted from the district of Kleve directly to FN GmbH concerning the acquisition of the airport real estate
 - 3.4.
 - Measure 4: Public support to EEL GmbH
 - 4.
 - GROUNDS FOR OPENING THE FORMAL INVESTIGATION PROCEDURE
 - 4.1.
 - Measure 1: Loans granted by EEL GmbH to FN GmbH
 - 4.2.
 - Measure 2: Support from Land Nordrhein-Westfalen to FN GmbH
 - 4.3.
 - Measure 3: Direct support from the district of Kleve to FN GmbH
 - 4.4.
 - Measure 4: Capital injections and loans to the benefit to EEL GmbH
 - 5.
 - COMMENTS FROM GERMANY
 - 5.1.
 - General comments
 - 5.1.1.
 - Project Background
 - 5.1.2.
 - The logic of private financing of the airport
 - 5.1.3.
 - Notion of aid — Airport construction seen as a non-economic activity
 - 5.1.4.
 - Notion of aid — Non-existence of a hypothetical reference investor
 - 5.1.5.
 - FN GmbH does not qualify as a company in difficulty
 - 5.1.6.
 - Distortion of competition
 - 5.2.
 - Measure 1: EEL GmbH's support to FN GmbH
 - 5.2.1.
 - EEL GmbH control over FN GmbH
 - 5.2.2.
 - Ex ante
 - assessment of the market conditions and the investments needed
 - 5.2.3.
 - Market-conformity of EEL GmbH's loans to FN GmbH
 - 5.3.
 - Measure 2: Land NordRhein Westfalen's support measure to FN GmbH
 - 5.4.
 - Measure 3: Direct support from the district of Kleve to FN GmbH
 - 5.5.
 - Measure 4: public refinancing of EEL GmbH
 - 5.6.
 - Compatibility assessment
 - 5.7.
 - Legitimate expectations
 - 6.
 - COMMENTS FROM INTERESTED PARTIES
 - 6.1.
 - Flughafen Düsseldorf GmbH
 - 6.2.
 - Niederrheinische Industrie — und Handelskammer Duisburg Wesel Kleve zu Duisburg
 - 6.3.
 - Erlebe-Fernreisen and Atlasreisen
 - 6.4.
 - Agello
 - 6.5.
 - Pro:niederrhein
 - 6.6.
 - Tower Company and STI
 - 6.7.
 - Serve2fly and I-Punkt
 - 6.8.
 - Gaetan Data
 - 6.9.
 - Van Boekel, RAS and SOV
 - 6.10.
 - NRN Energie
 - 6.11.
 - KPP
 - 6.12.
 - The district of Kleve
 - 6.13.
 - FN GmbH
 - 6.14.
 - Other third parties
 - 7.
 - COMMENTS FROM GERMANY ON THIRD PARTY COMMENTS
 - 8.
 - ASSESSMENT OF THE MEASURES
 - 8.1.
 - Legitimate expectations
 - 8.2.
 - Company in difficulty
 - 8.3.
 - Existence of Aid Concerning the Loans Granted to FN GmbH (Measure 1)
 - 8.3.1.
 - Notion of Undertaking and Economic Activity
 - 8.3.2.
 - State resources and imputability to the State
 - 8.3.3.
 - Selective economic advantage — Market economy investor/creditor principle
 - 8.3.4.
 - Selectivity
 - 8.3.5.
 - Distortion of competition and effect on trade
 - 8.3.6.
 - Conclusion
 - 8.4.
 - Existence of aid concerning the support received by the Land Nordrhein-Westfalen (Measure 2)
 - 8.4.1.
 - Notion of Undertaking and Economic Activity
 - 8.4.2.
 - State resources and imputability to the State
 - 8.4.3.
 - Economic Advantage
 - 8.4.4.
 - Selectivity
 - 8.4.5.
 - Distortion of competition and effect on trade
 - 8.4.6.
 - Conclusion
 - 8.5.
 - Existence of aid concerning the support received from the district of Kleve (Measure 3)
 - 8.5.1.
 - Notion of Undertaking and Economic Activity
 - 8.5.2.
 - State resources and imputability to the State
 - 8.5.3.
 - Economic Advantage
 - 8.5.4.
 - Selectivity
 - 8.5.5.
 - Distortion of competition and effect on trade
 - 8.5.6.
 - Conclusion
 - 8.6.
 - Existence of aid concerning the support received by EEL GmbH from the district of Kleve and the municipality of Weeze (Measure 4)
 - 8.6.1.
 - Notion of Undertaking and Economic Activity
 - 8.6.2.
 - State resources and imputability to the State
 - 8.6.3.
 - Economic Advantage
 - 8.6.4.
 - Distortion of competition and effect on trade
 - 8.6.5.
 - Conclusion
 - 8.7.
 - New aid v. existing aid
 - 8.8.
 - Lawfulness of the aid
 - 9.
 - COMPATIBILITY
 - 9.1.
 - Applicability of the 2014 and 2005 Aviation Guidelines
 - 9.2.
 - Investment aid vs Operating aid
 - 9.2.1.
 - Measure 1
 - 9.2.2.
 - Measure 2
 - 9.2.3.
 - Measure 3
 - 9.2.4.
 - Conclusion
 - 9.3.
 - Compatibility of investment aid measures
 - 9.3.1.
 - Construction and operation of the infrastructure meets a clearly defined objective of general interest (regional development, accessibility, etc.)
 - 9.3.2.
 - The infrastructure is necessary and proportional to the objective which has been set
 - 9.3.3.
 - The infrastructure has satisfactory medium-term prospects for use, in particular as regards the use of existing infrastructure
 - 9.3.4.
 - All potential users of the infrastructure have access to it in an equal and non- discriminatory manner
 - 9.3.5.
 - The development of trade is not affected to an extent contrary to the interest of the EU
 - 9.3.6.
 - Necessity and proportionality of the aid
 - 9.3.7.
 - Conclusion on Measure 1 (Loan 4), 2 and 3
 - 9.4.
 - Compatibility of the operating aid measure
 - 9.4.1.
 - The operating aid contributes to a clearly defined objective of common interest
 - 9.4.2.
 - Need for State intervention
 - 9.4.3.
 - Appropriateness of State aid as a policy instrument
 - 9.4.4.
 - Existence of incentive effect and proportionality of the aid amount (aid limited to the minimum necessary)
 - 9.4.5.
 - Avoidance of undue negative effects on competition and trade
 - 9.5.
 - Conclusion on the compatibility of the aid measures
 - 10.
 - LANGUAGE
 - Article 1
 - Article 2
 - Article 3