Commission Decision (EU) 2016/152Show full title

Article 3

1. Germany shall recover the incompatible aid referred to in Article 1 from the beneficiaries.

2. FGAZ and FZG shall be jointly liable to repay the State aid received by either of them.

3. Ryanair and AMS shall be jointly liable to repay the State aid received by either of them.

4. The sums to be recovered are as follows:

(a) in respect of the direct investment grants granted by the Land Rhineland-Palatinate and the ZEF in favour of FZG: EUR 20 564 170 granted between 12 December 2000 and 31 December 2009, minus the costs of fire brigade services and the costs for which the airport operator is entitled to reimbursement pursuant to §8(3) Luftsicherheitsgesetz to the extent that they were covered by the direct investment grants;

(b) in respect of the annual capital injections granted by the Land Rhineland-Palatinate and the ZEF in favour of FGAZ: EUR 26 629 000 granted between 2000 and 2009, minus the costs of fire brigade services and the costs for which the airport operator is entitled to reimbursement pursuant to §8(3) Luftsicherheitsgesetz to the extent that they were covered by the annual capital injections, and minus those sums granted before 12 December 2000;

(c) in respect of the 100 % guarantee on the loan granted by the Land Rhineland-Palatinate in favour of FZG: the cash-equivalent of the value of the guarantee, to be determined pursuant to the Commission Notice on the application of Article 87 and 88 of the EC Treaty to State aid in the form of guarantees;

(d) in respect of the participation of FGAZ in the cash-pool of Land Rhineland-Palatinate: the cash-equivalent of the advantageous loan conditions, to be determined pursuant to the Communication from the Commission on the revision of the method for setting the reference and discount rates of 12 December 2007, minus any advantage received on loans that were used to cover the costs of fire brigade services and the costs for which the airport operator is entitled to reimbursement pursuant to §8(3) Luftsicherheitsgesetz;

(e) in respect of the airport services agreement concluded between Germanwings and FZG on 15 September 2006: the amount of incompatible aid;

(f) in respect of the airport services agreement concluded between TUIFly and FZG on 1 April 2008: the amount of incompatible aid;

(g) in respect of the airport services agreement and marketing services agreements concluded between Ryanair and FZG on 22 September 2008 and between AMS and the Land Rhineland-Palatinate on 6 October 2008: the amount of incompatible aid.

5. The sums to be recovered shall bear interest from the date on which they were put at the disposal of the beneficiaries until their actual recovery.

6. Germany shall provide the exact dates on which the aid provided by the State was put at the disposal of the respective beneficiaries.

7. The interest shall be calculated on a compound basis in accordance with Chapter V of Commission Regulation (EC) No 794/2004(1).

8. Germany shall cancel all outstanding payments of the aid referred to in Article 1 with effect from the date of adoption of this Decision.

(1)

Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty (OJ L 140, 30.4.2004, p. 1).