Commission Decision (EU) 2016/2069Show full title

Article 1 U.K.

1. The aid measures granted to Ryanair Ltd (hereinafter ‘Ryanair’), namely the undertaking of the Walloon Government to Ryanair of 6 November 2001, the contract between BSCA and Ryanair of 2 December 2001, the Promocy agreement of 12 December 2001, the contract between Promocy and Leading Verge of 31 January 2002, the Ministerial Order of 11 June 2004, the letter from BSCA to Ryanair of 24 June 2004, the commercial agreement between BSCA and Ryanair of 9 December 2005, the amendment of 6 December 2010 to the contract between BSCA and Ryanair, and the sale of BSCA's shares in Promocy on 31 March 2010, do not constitute State aid to Ryanair under Article 107(1) of the Treaty on the Functioning of the European Union.

2. The aid measures granted to Brussels South Charleroi Airport (hereinafter ‘BSCA’), consisting of the agreement between the Société wallonne des aéroports (hereinafter ‘SOWAER’) and BSCA of 4 April 2006, Amendment No 5 to the agreement between the Walloon Region and BSCA of 10 March 2006, and Amendment No 6 to the agreement between the Walloon Region and BSCA of 15 January 2008, do not constitute State aid to BSCA under Article 107(1) of the Treaty on the Functioning of the European Union.

Article 2 U.K.

1. The aid measures unlawfully granted by Belgium, in breach of Article 108(3) of the Treaty on the Functioning of the European Union, to BSCA under the sub-concession agreement of 15 April 2002 between SOWAER and BSCA and Amendment No 3 of 29 March 2002 to the agreement between the Walloon Region and BSCA, and also under the investment decision of the Walloon Region of 3 April 2003, constitute State aid compatible with the internal market on the basis of Article 107(3)(c) of the Treaty on the Functioning of the European Union up to 3 April 2014.

2. Assuming that it does constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union, the capital increase in BSCA subscribed on 3 December 2002 by SOWAER is State aid compatible with the internal market on the basis of Article 107(3)(c) of the Treaty on the Functioning of the European Union.

Article 3 U.K.

The aid measures unlawfully granted by Belgium, in breach of Article 108(3) of the Treaty on the Functioning of the European Union, to BSCA under the sub-concession agreement of 15 April 2002 between SOWAER and BSCA and Amendment No 3 of 29 March 2002 to the agreement between the Walloon Region and BSCA, and also under the investment decision of the Walloon Region of 3 April 2003, constitute State aid incompatible with the internal market on the basis of Article 107(1) of said Treaty from 4 April 2014.

Article 4 U.K.

1. Belgium shall put an end to the aid measures referred to in Article 3 by increasing the concession fee payable by BSCA at least to the level of the market price concession fee and by recovering from the beneficiary the aid amounts received under the aid measures referred to in Article 3 as from 4 April 2014.

2. The amounts to be recovered shall bear interest from the date on which they were placed at the disposal of the beneficiary to the date of their effective recovery.

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

4. Belgium shall cancel all pending payments with regard to the aid measures referred to in Article 3 from the date of adoption of this decision.

Article 5 U.K.

1. The recovery of the aid referred to in Article 3 shall be immediate and effective.

2. Belgium shall ensure that this decision is implemented within four months of the date of its notification.

Article 6 U.K.

1. Belgium shall submit the following information to the Commission within two months of the notification of this decision:

(a) the dates on which BSCA has paid the concession fees in 2014 and the calculation of the recovery interest;

(b) a detailed description of the measures already adopted and planned for the purpose of complying with this decision;

(c) the documents proving that the beneficiary has been ordered to repay the aid.

2. Belgium shall keep the Commission informed of the progress of the national measures adopted pursuant to this decision until the recovery of the aid referred to in Article 3 has been concluded. At the Commission's request, it shall immediately submit information on the measures already adopted and planned for the purpose of complying with this decision. It shall also provide detailed information on the aid amounts and interest already recovered from the beneficiary.

Article 7 U.K.

This decision is addressed to the Kingdom of Belgium.

Done at Brussels, 1 October 2014.

For the Commission

Joaquín Almunia

Vice-President