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Commission Decision of 28 August 2009 on State aid C 6/09 (ex N 663/08) — Austria Austrian Airlines — Restructuring Plan (notified under document C(2009) 6686) (Only the German text is authentic) (Text with EEA relevance) (2010/137/EC)

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Article 2U.K.

1.Austria shall take the necessary measures to ensure that Austrian Airlines reduces its overall capacity in terms of available seat kilometres (ASK) by 15 % of its January 2008 level by the end of 2010. Thereafter, Austrian Airlines’ capacity growth shall be capped at the average of the growth rate observed for airlines belonging to the Association of European Airlines. This cap shall remain in force until the end of 2015 or until Austrian Airlines reaches EBIT break-even, whichever comes first.

2.Austria shall take the necessary measures to ensure that Austrian Airlines reduces its shareholding in Schedule Coordination Austria GmbH to 25 % by 30 September 2009 and that neither Flughafen Wien AG nor any other party controlled by Austrian Airlines or Flughafen Wien AG has a majority in Schedule Coordination Austria after the restructuring process.

3.Austria shall take the necessary measures to ensure compliance with the conditions set out in the merger decision in Case COMP/M.5440 — Lufthansa/Austrian Airlines.

4.Austria shall terminate bilateral aviation agreements which do not contain the Community designation clause or renegotiate them in accordance with Regulation (EC) No 847/2004. Austria shall inform the Commission of measures taken to ensure the conformity of such agreements with Community law regarding the recognition of the Community designation.

5.Austria shall submit a report to the Commission by 31 December 2009 on the progress and management of the restructuring plan and on the measures taken to reduce Austrian Airlines’ shareholding in Schedule Coordination Austrian GmbH. By 31 April 2010, Austria shall also indicate the steps taken to implement Article 2(4). Every year until 2015, Austria shall submit annual reports to the Commission on the implementation of the restructuring plan and the capacity growth rates.

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