State Aid Weekly - European Commission

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
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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
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completeness, accuracy of the information and the use which might be made of the information provided in this
document.
© European Union 2014.
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