Commission Decision (EU) 2019/2120 of 24 June 2019 on State aid granted by Belgium to JCDecaux Belgium Publicité (SA.33078 (2015/C) (ex 2015/NN)) (notified under document C(2019) 4466) (Only the French and Dutch versions are authentic) (Text with EEA relevance)

The State aid to JCD, in an amount equivalent to the rent and taxes not paid on the advertising displays installed in the City of Brussels governed by the 1984 contract and kept in place after the removal date specified in annex 10 to the 1999 contract, granted by Belgium unlawfully between 15 September 2001 and 21 August 2010 in breach of Article 108(3) of the Treaty on the Functioning of the European Union, is incompatible with the internal market.

1 Belgium shall recover the aid referred to in Article 1 from the beneficiary.

2 The sums to be recovered shall generate interest from the date on which they were made available to the beneficiary until their actual recovery.

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

1 The recovery of the aid referred to in Article 1 shall be immediate and effective.

2 Belgium shall ensure that this decision is implemented within four months of the date of its notification.

1 Within two months of the notification of this decision, Belgium shall forward the following information to the Commission: (a) the total amount (principal and interest) to be recovered from the beneficiary; (b) a detailed description of the measures already taken and planned in order to comply with this decision; (c) the documents showing that the beneficiary has been given notice to repay the aid.

2 Belgium shall keep the Commission informed of the progress of the national measures taken in implementation of this decision until the aid referred to in Article 1 has been recovered in full. It shall immediately submit, on simple request from the Commission, information on the measures already taken and planned to comply with this decision. It shall also provide detailed information on the amounts of aid and the interest already recovered from the beneficiary.

1 The measures provided for in the Villo agreement constitute State aid on the basis of Article 107(1) of the Treaty on the Functioning of the European Union.

2 In regard to the period from 5 December 2008, when the Villo agreement was signed, to 29 March 2018, when the second amendment to the Villo agreement was signed, the measures provided for in the Villo agreement meet the conditions of the 2012 SGEI framework and are compatible with the internal market. That aid is unlawful since it was not notified in accordance with Article 108(3) TFEU.

3 In regard to the period from 29 March 2018, when the second amendment was signed, to 26 September 2026, the end of the concession, the measures provided for in the Villo agreement meet the conditions of the 2012 SGEI decision and are compatible with the internal market subject to strict compliance with the conditions laid down in the second amendment to the Villo agreement.

This decision is addressed to the Kingdom of Belgium.