2012/321/EU: Commission Decision of 25 January 2012 on the measure SA.14588 (C 20... (32012D0321)
2012/321/EU: Commission Decision of 25 January 2012 on the measure SA.14588 (C 20/09) implemented by Belgium in favour of De Post-La Poste (now bpost) (notified under document C(2012) 178) Text with EEA relevance
- COMMISSION DECISION
- of 25 January 2012
- on the measure SA.14588 (C 20/09) implemented by Belgium in favour of De Post-La Poste (now bpost)
- (notified under document C(2012) 178)
- (Only the Dutch and French texts are authentic)
- (Text with EEA relevance)
- (2012/321/EU)
- 1.
- PROCEDURE
- 1.1. COMMISSION DECISION OF 2003 ANNULLED BY THE COURT OF FIRST INSTANCE
- 1.2. COMPLAINT CONCERNING AID TO PRESS DISTRIBUTION
- 1.3. FOURTH MANAGEMENT CONTRACT (2005-2010)
- 1.4. DECISION TO INITIATE THE PROCEDURE
- 1.5. COMMENTS BY THE BELGIAN AUTHORITIES ON THE DECISION TO INITIATE THE PROCEDURE
- 1.6. COMMENTS BY THIRD PARTIES ON THE DECISION TO INITIATE THE PROCEDURE AND COMMENTS FROM THE BELGIAN AUTHORITIES ON THE COMMENTS BY THIRD PARTIES
- 2.
- DETAILED DESCRIPTION OF THE AID
- 2.1. LEGAL STATUS AND OPERATIONS OF DPLP
- 2.2. OVERVIEW OF THE RELEVANT PUBLIC MEASURES
- 2.2.1.
- Public service missions during the period 1992-2010
- 2.2.1.1.
- Public service obligations set out in the management contracts
- 2.2.2.
- Public measures under investigation
- 2.2.2.1.
- Pension relief
- Figure 1
- Employment regimes in DPLP
- 2.2.2.2.
- Annual compensation for the cost of discharging public service obligations
- 2.2.2.3.
- Capital injections
- 2.2.2.4.
- Tax exemptions
- 2.2.2.5.
- Transfer of buildings
- 2.2.2.6.
- State guarantee
- 3.
- GROUNDS FOR INITIATING THE PROCEDURE IN 2009
- 4.
- COMMENTS BY INTERESTED PARTIES
- 4.1. COMMENTS BY VFP AND PRODIPRESSE
- 4.2. COMMENTS BY THE ASSOCIATION BELGE DES EDITEURS DE JOURNAUX/BELGISCHE VERENIGING VAN DAGBLADUITGEVERS
- 4.3. COMMENTS BY DEUTSCHE POST AG AND DHL INTERNATIONAL
- 4.4. COMMENTS BY BELGISCHE DISTRIBUTIEDIENST NV/BELGIQUE DIFFUSION SA
- 5.
- COMMENTS BY THE BELGIAN AUTHORITIES
- 5.1. COMMENTS BY THE BELGIAN AUTHORITIES ON THE PENSION RELIEF
- Figure 2
- Evolution of DPLP’s statutory workforce
- 5.2. COMMENTS BY THE BELGIAN AUTHORITIES ON THE ANNUAL COMPENSATION FOR PUBLIC SERVICE COSTS
- 5.3. COMMENTS BY THE BELGIAN AUTHORITIES ON THE CAPITAL INJECTIONS
- 5.3.1.
- Capital injections in 1997
- 5.3.2.
- Capital injections in 2003 and 2006
- 5.4. COMMENTS BY THE BELGIAN AUTHORITIES ON THE TAX EXEMPTIONS
- 5.5. COMMENTS BY THE BELGIAN AUTHORITIES ON THE TRANSFER OF BUILDINGS
- 5.6. COMMENTS BY THE BELGIAN AUTHORITIES ON THE STATE GUARANTEE FOR LOANS
- 5.7. COMMENTS BY THE BELGIAN AUTHORITIES ON THE INTERESTED PARTIES’ COMMENTS
- 5.8. COMMENTS BY THE BELGIAN AUTHORITIES ON EXISTING AID
- 6.
- ASSESSMENT
- 6.1. PRELIMINARY REMARKS ON DPLP’S COST ACCOUNTING SYSTEM
- 6.2. ASSESSMENT OF THE PENSION RELIEF
- 6.2.1.
- Existence of aid within the meaning of Article 107(1) TFEU
- 6.2.1.1.
- Advantage and selectivity
- 6.2.1.2.
- State resources
- 6.2.1.3.
- Distortion of competition and effect on trade between Member States
- 6.2.2.
- Assessment of the compatibility of pension relief with the internal market within the meaning of Article 107(3)(c)
- 6.2.2.1.
- Liberalisation of the postal sector as an objective of common interest
- 6.2.2.2.
- Necessity of pension relief
- Figure 3
- Simulations of DPLP’s cash flow conducted by the Belgian authorities in 1996
- 6.2.2.3.
- Proportionality of pension relief
- 6.2.2.4.
- Balancing test for pension relief
- 6.3. ASSESSMENT OF THE PUBLIC SERVICE COMPENSATION AND OTHER MEASURES
- 6.3.1.
- Existence of aid within the meaning of Article 107(1) TFEU
- 6.3.1.1.
- Advantage and selectivity
- Figure 4
- Ex-ante
- profit projections for 2003-2007 by the Belgian authorities
- Figure 5
- Ex-ante
- internal rate of return calculation by the Belgian authorities for the most likely scenario
- Figure 6
- Ex-post
- profits 2003-2007
- Figure 7
- DPLP’s performance from 2006 to 2010
- 6.3.1.2.
- Existence of State resources
- 6.3.1.3.
- Distortion of competition and effect on trade between Member States
- 6.3.1.4.
- Summary of aid measures
- 6.3.2.
- Existing aid within the meaning of Article 108(1) TFEU
- 6.3.2.1.
- Corporate tax and property tax exemptions
- 6.3.2.2.
- Liberalisation of the postal market
- 6.3.2.3.
- Ten-year limitation period
- 6.3.3.
- Compatibility of SGEI compensation in the light of Article 106(2) TFEU
- 6.3.3.1.
- Scope of the assessment based on the tasks entrusted in the management contracts
- 6.3.3.2.
- Calculation of overcompensation
- 6.3.3.3.
- Calculation of the amount of overcompensation
- 7.
- CONCLUSION
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
- Article 6
- Article 7
- Article 8
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