2009/703/EC: Commission Decision of 11 February 2009 concerning the State aid C 5... (32009D0703)
2009/703/EC: Commission Decision of 11 February 2009 concerning the State aid C 55/07 (ex NN 63/07, CP 106/06) implemented by the United Kingdom of Great Britain and Northern Ireland — Crown guarantee to BT (notified under document C(2009) 685) (Text with EEA relevance)
- COMMISSION DECISION
- of 11 February 2009
- concerning the State aid C 55/07 (ex NN 63/07, CP 106/06) implemented by the United Kingdom of Great Britain and Northern Ireland — Crown guarantee to BT
- (notified under document C(2009) 685)
- (Only the English text is authentic)
- (Text with EEA relevance)
- (2009/703/EC)
- 1.
- PROCEDURAL ASPECTS
- 2.
- DESCRIPTION OF THE MEASURES
- 2.1.
- The Crown guarantee
- 2.2.
- BT Pension Scheme
- 2.3.
- Main developments of pension legislation in the United Kingdom since 1984
- 2.3.1.
- The Pensions Act 1995: Minimum funding requirements
- 2.3.2.
- The Pensions Act 2004: Pension Protection Fund and Statutory Funding Objectives
- 3.
- COMMISSION DECISION ON THE FORMAL INVESTIGATION PROCEDURE
- 4.
- COMMENTS FROM THE PARTIES INVOLVED
- 4.1.
- Position of the authorities of the United Kingdom
- 4.1.1.
- Minimum funding requirement
- 4.1.2.
- Exemption of the payment of the levy to the Pension Protection Fund
- 4.2.
- Position of BT and BTPS’ trustees
- 4.3.
- The complainant and other interested parties
- 5.
- ASSESSMENT
- 5.1.
- Qualification of the measures as State aid
- 5.1.1.
- Aid granted by a Member State or through State resources
- 5.1.2.
- (Selective) economic advantage to BT
- 5.1.2.1.
- The exemption from the minimum funding requirements laid down in the Pensions Act 1995 and the Pensions Act 2004
- 5.1.2.2.
- The exemption from the payment of levy to the Pension Protection Fund corresponding to the pension liabilities covered by the Crown guarantee set out in the Pensions Act 2004
- 5.1.3.
- Undertaking benefiting from selective measures
- 5.1.4.
- Distortion of competition affecting trade between Member States
- 5.1.5.
- Lawfulness of the measure
- 5.2.
- Assessment of compatibility of the measures
- 5.2.1.
- Article 86(2) EC
- 5.2.2.
- Articles 87(2) and 87(3) EC
- 6.
- CONCLUSION
- 7.
- RECOVERY
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
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