2009/973/EC: Commission Decision of 13 July 2009 on the restructuring aid for Com... (32009D0973)
2009/973/EC: Commission Decision of 13 July 2009 on the restructuring aid for Combus A/S (notified under document C(2009) 4538) (Text with EEA relevance)
- COMMISSION DECISION
- of 13 July 2009
- on the restructuring aid for Combus A/S
- (notified under document C(2009) 4538)
- (Only the Danish text is authentic)
- (Text with EEA relevance)
- (2009/973/EC)
- 1. PROCEDURE
- 2. FACTS
- 2.1. THE DANISH BUS MARKET
- 2.1.1. GENERAL DESCRIPTION OF THE MARKET
- 2.1.2. FINANCIAL DIFFICULTIES OF COMBUS
- 2.1.3. THE 1999 AND 2001 RESTRUCTURING MEASURES
- 2.1.4. SUMMARY OF THE FINANCIAL SUPPORT OF THE DANISH STATE TO COMBUS
- 2.1.5. DEVELOPMENT OF ARRIVA/COMBUS AFTER THE PRIVATISATION
- 3. THE COMMISSION’S DOUBTS
- 4. COMMENTS FROM DENMARK AND INTERESTED PARTIES
- 4.1. REPLY OF THE DANISH GOVERNMENT
- 4.1.1. THE TERMINATION OF COMBUS’ PUBLIC SERVICE CONTRACTS
- 4.1.2. APPLICATION OF THE MARKET ECONOMY INVESTOR PRINCIPLE
- 4.1.3. COMPATIBILITY WITH THE 1999 RESTRUCTURING GUIDELINES
- 4.2. COMMENTS SUBMITTED BY DANSKE BUSVOGNMAEND
- 4.2.1. RESPECT OF THE MARKET ECONOMY INVESTOR PRINCIPLE
- 4.2.2. RESPECT OF THE 1999 RESTRUCTURING GUIDELINES
- 4.3. COMMENTS SUBMITTED BY ARRIVA
- 5. REPLY OF THE DANISH GOVERNMENT TO THE COMMENTS SUBMITTED BY DANSKE BUSVOGNMAEND AND ARRIVA
- 5.1. THE MARKET ECONOMY INVESTOR PRINCIPLE
- 5.2. RESTRUCTURING AID
- 6. LEGAL ASSESSMENT OF THE COMMISSION
- 6.1. ASSESSMENT OF THE EXISTENCE OF AID WITHIN THE MEANING OF ARTICLE 87(1) EC TREATY
- 6.1.1. PRELIMINARY QUESTION: DO THE 1999 AND THE 2001 MEASURES CONSTITUTE ONE SINGLE OR TWO SEPARATE MEASURES TO BE ASSESSED UNDER ARTICLE 87(1) EC TREATY?
- 6.1.2. STATE RESOURCES AND SPECIFICITY
- 6.1.3. EXISTENCE OF AN ADVANTAGE FOR THE BENEFICIARY UNDERTAKING
- 6.1.4. EFFECT ON INTRA-COMMUNITY TRADE AND COMPETITION
- 6.1.5. CONCLUSION: PRESENCE OF STATE AID
- 6.2. ASSESSMENT OF THE COMPATIBILITY OF THE AID WITH THE COMMON MARKET
- 6.2.1. COMPATIBILITY OF THE AID WITH THE COMMON MARKET
- 6.2.2. COMPATIBILITY OF THE 1999 AND/OR THE 2001 MEASURE BY VIRTUE OF REGULATION (EEC) No 1191/69
- 6.2.3. COMPATIBILITY OF THE 1999 MEASURE BY VIRTUE OF ARTICLE 87(3)(C) EC
- 6.2.4. COMPATIBILITY OF THE 2001 MEASURE BY VIRTUE OF ARTICLE 87(3)(C) EC
- ‘(c) Avoidance of undue distortions of competition
- 6.3. CONCLUSION: THE 1999 AND THE 2001 MEASURE CONSTITUTE INCOMPATIBLE STATE AID
- 7. RECOVERY
- 7.1. SHARE DEAL BETWEEN ARRIVA DENMARK A/S AND THE DANISH STATE
- 7.2. ASSET DEAL BETWEEN COMBUS AND ARRIVA SCANDINAVIA A/S
- 7.3. ASSET DEAL BETWEEN ARRIVA SCANDINAVIA A/S AND CONNEX
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
Feedback