No. 41/14 27 November 2014 Covers the period from 20 to 26 November Highlights State aid: Commission approves state aid measures for Bulgarian First Investment Bank The European Commission has found that liquidity measures granted by Bulgaria in favour of First Investment Bank (FIB) in Bulgaria were in line with EU state aid rules. The Commission concluded that the measures were necessary to preserve the financial stability of the Bulgarian economy and financial system. Furthermore, FIB's restructuring plan will ensure that the bank continues to be viable in the long-term without unduly distorting competition in the Single Market. Read more State aid: Commission approves German renewable energy law (EEG 2014) for railway sector The European Commission has found that a German scheme promoting electricity production from renewable energy sources and benefitting railway companies is in line with EU state aid rules. The Commission concluded that the aid is limited to compensating railway companies for the opportunity costs that arise from using rail transport rather than a more polluting mode of transport, and therefore furthers common transport objectives without unduly distorting competition in the Single Market. Read more State aid: Commission approves German aid scheme for renewable energy (EEG 2012); orders partial recovery Following an in-depth investigation the European Commission has concluded that aid granted for the production of energy from renewable energy sources under the German Renewable Energy Act of 2012 (Erneuerbare-EnergienGesetz – "EEG") was in line with EU state aid rules. The Commission has also approved the majority of reductions granted to energy-intensive companies on a surcharge to finance the support for renewables. This surcharge was imposed on electricity suppliers and passed on to end consumers (EEG-surcharge). However, a limited portion of the reductions exceeded what is permitted under EU state aid rules. The beneficiaries now have to pay this excess back to remedy the distortion of competition. The recovery only concerns 2013 and 2014. Read more The General Court of the European Union partially annuls a Commission Decision declaring that the exemption of transfer and transit passengers from payment of the Irish air travel tax did not constitute State aid – 25 November 2014 In its judgment in Case T-512/11 – Ryanair Ltd v Commission the General Court annuls the Commission’s decision in so far as it finds that the non-application of the Irish air travel tax to transit and transfer passengers does not constitute State aid. The Court considered, first, that the duration of the preliminary investigation phase was excessive and that there are no circumstances to justify it and secondly, that when the Commission adopted the decision, it did not have the information with which to carry out a sufficiently complete analysis of the selectivity of the measure and to conclude that the rules for the application of the exemption did not raise doubts. Read more In this issue: Public consultations on draft legislation >> Court of Justice of the European Union >> Commission Decisions >> European Economic Area >> Block exemptions >> Additional points of interest >> Public consultations on draft legislation Title Availability of short term export credit insurance for exports to Greece State Aid Weekly e-News No 41/14 Deadline for comments 28.11.2014 1 Consultation on draft Guidelines for the examination of State aid to the fishery and aquaculture sector 20.01.2015 All public consultations: DG Competition / DG Agriculture / DG Maritime Affairs and Fisheries Commission Decisions List of Commission Decisions taken during the reporting period, regardless of their publication in the Official Journal. The list of Commission Decisions recently published in the Official Journal is available here. Article 4(3) - decision not to raise objections Country Case Number Title Objective Decision date DG Competition Bulgaria SA.39854 First Investment Bank - Restructuring plan 25.11.2014 Germany SA.38674 Subordinated loans for SMEs in Saxony 20142020 Regional development 25.11.2014 Germany SA.38728 Besondere Ausgleichsregelung für Schienenbahnen Environmental protection 25.11.2014 Article 7(3) - positive decision Case Number Country Title Objective Decision date DG Competition Germany SA.33995 Support of renewable electricity and reduced EEG surcharge for energy-intensive users Other 25.11.2014 Article 7(5) and 14(1) - negative decision with recovery Case Number Country Title Objective Decision date DG Competition Germany SA.33995 Support of renewable electricity and reduced EEG surcharge for energy-intensive users Other 25.11.2014 Block exemptions Block Exemptions information sheets published in the State Aid register during the reporting period. Court of Justice of the European Union List of cases discussed during the reporting period, as published in the judicial calendar of the Court. The respective case documents are normally published on the Court website within a short interval. Country Ireland Court Case T-512/11 Title Ryanair v Commission Type of act Judgement Date 25.11.2014 List of cases planned for the week following the reporting period, as published in the judicial calendar of the Court. Country Spain Court Case T-57/11 Title Castelnou Energía v Commission State Aid Weekly e-News No 41/14 Type of act Judgement Date 03.12.2014 2 European Economic Area Based on the Agreement of the European Economic Area (EEA), the EFTA States participating in the EEA have entrusted the EFTA Surveillance Authority and the EFTA Court with similar decision making powers to that of the Commission and the European Court of Justice, respectively, in the field of state aid for the EFTA States. Decisions of the EFTA Surveillance Authority Country Case Number Title Objective Decision date No Objections decisions Norway 75701 Support to the development, promotion and distribution of interactive productions Culture 26.11.2014 Maritime 26.11.2014 (Dec 518/14/COL) Press release Norway 76280 Amendments to the Norwegian Special Tax System for Shipping (Dec 519/14/COL) Press release Block exemptions Country Norway Case number GBER 22/14/R&D&I Title Smart Simulation AS (Art 26) Objective Research, development and innovation Additional points of interest Events State aid Rules for National Funding and EU Funds European Academy for Taxes, Economics & Law Berlin, 1-2 December 2014 Read more Annual Conference on European State Aid Law 2014 Lexxion Vienna, 4-5 December 2014 Read more State Aid for Environmental and Energy Projects European Academy for Taxes, Economics & Law Berlin, 9-10 February 2015 Read more EStAL Intensive Workshop: The Role of the Market Economy Investor Principle (MEIP) / Infrastructure Funding in Compliance with State Aid Rules Lexxion London, 15 March 2015 Read more Next publication date: Thursday 04.12.2014 Previous issues State Aid Weekly e-News No 41/14 3 Subscription If you wish to subscribe to “State Aid Weekly e-News” and receive it in your Inbox for free, please click here. To unsubscribe, please use the same link, complete with your login or email address and password, confirm and on the next page click on "Unregister". Please, note that the information requested under “Change personal details” is not compulsory. In order to complete the subscription it is sufficient to fill in the data requested under “Add subscription”. About e-News This e-News is issued every week to present the latest developments in the area of State aid. It features information on new legislative texts and proposals, decisions of the European Commission and the Courts of the European Union and other state aid–related documents and events. A great deal of additional information on State aid matters is available on the Internet. It can be accessed through the Europa server. Other documents related to the cases, can be found under the link to the State aid Register. Publisher European Commission DG Competition Unit A-3 – State aid strategy Chief Editor: Nicola Pesaresi Editing team: Hildegard Vandromme, Rashko Dorosiev, Giorgia Imbriani, Valerie Nechelput, Christine Jacob Contact the publisher for comments, queries or suggestions: [email protected] Disclaimer Neither the European Commission nor any person acting on behalf of the Commission is responsible for the completeness, accuracy of the information and the use which might be made of the information provided in this document. © European Union 2014. Reproduction is authorised, provided the source is acknowledged, save where otherwise stated. Where prior permission must be obtained for the reproduction or use of textual and multimedia information, such permission shall cancel the above-mentioned general permission and shall clearly indicate any restrictions on use. State Aid Weekly e-News No 41/14 4
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