Commission Decision (EU) 2018/628 of 11 November 2016 on State aid SA.24221(2011/C) (ex 2011/NN) implemented by Austria for the Klagenfurt airport, Ryanair and other airlines using the airport (notified under document C(2016) 7131) (Text with EEA relevance. )

The public funding granted to KFBG/DMG in the form of financial contributions between 2000 and 2010 constitutes State aid which is compatible with Article 107(3)(c) TFEU.

The 2005 incentive scheme of KLU does not constitute State aid within the meaning of Article 107(1) TFEU.

The settlement agreement between KFBG and AUA does not constitute State aid within the meaning of Article of 107(1) TFEU.

The airport services agreement concluded by KFBG with Air Berlin on 8 July 2010 does not constitute State aid within the meaning of Article 107(1) TFEU.

The State aid amounting to EUR 1827267 unlawfully put into effect by Austria in breach of Article 108(3) TFEU, in favour of Ryanair, LV and AMS is incompatible with the internal market.

The State aid amounting to EUR 141326, unlawfully put into effect by Austria in breach of Article 108(3) TFEU, in favour of Ryanair and AMS is incompatible with the internal market.

The State aid amounting to EUR 9566963 unlawfully put into effect by Austria in breach of Article 108(3) TFEU, in favour of HLX is incompatible with the internal market.

The State aid amounting to EUR 1134091 unlawfully put into effect by Austria in breach of Article 108(3) TFEU, in favour of Tuifly is incompatible with the internal market.

1 Austria shall recover the aid referred to in Articles 5 to 8 from the beneficiaries.

2 The sums to be recovered shall bear interest from the date on which they were put at the disposal of the beneficiary until their actual recovery.

3 The interest shall be calculated on a compound basis in accordance with Chapter V of Regulation (EC) No 794/2004 as last amended by Commission Regulation (EC) No 271/2008 .

4 Austria shall cancel all outstanding payments of the aid referred to in Articles 1 to 4 with effect from the date of adoption of this decision.

1 Recovery of the aid referred to in Articles 5 to 8 shall be immediate and effective.

2 Austria shall ensure that this decision is implemented within 4 months following the date of notification of this Decision.

1 Within 2 months following notification of this Decision, Austria shall submit the following information to the Commission: (a) the total amount (principal and recovery interests) to be recovered from the beneficiaries; (b) a detailed description of the measures already taken and planned to comply with this Decision; (c) documents demonstrating that the beneficiaries have been ordered to repay the aid.

2 Austria shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid referred to in Articles 5 to 8 has been completed. It shall immediately submit, on simple request by the Commission, information on the measures already taken and planned to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and recovery interest already recovered from the beneficiaries.

This Decision is addressed to the Republic of Austria.