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Commission Decision (EU) 2015/119 of 29 July 2014 on the State aid SA.36874 (2013/C) (ex 2013/N) which Poland is planning to implement for LOT Polish Airlines SA and on the measure SA.36752 (2014/NN) (ex 2013/CP) implemented by Poland for LOT Polish Airlines SA (notified under document C(2014) 5429) Text with EEA relevance

Commission Decision (EU) 2015/119 of 29 July 2014 on the State aid SA.36874 (2013/C) (ex 2013/N) which Poland is planning to implement for LOT Polish Airlines SA and on the measure SA.36752 (2014/NN) (ex 2013/CP) implemented by Poland for LOT Polish Airlines SA (notified under document C(2014) 5429) Text with EEA relevance

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(2) thereof(1),

Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,

Having regard to the decision by which the Commission decided to initiate the procedure laid down in Article 108(2) of the Treaty on the Functioning of the European Union, in respect of the aid SA.36874 (2013/C, ex 2013/N)(2),

Having called on interested parties to submit their comments pursuant to the provisions cited above(3), and having regard to their comments,

Whereas:

    HAS ADOPTED THIS DECISION:

    Article 1

    The State aid which Poland is planning to implement for LOT Polish Airlines S.A., amounting to PLN 804.29 million, is compatible with the internal market within the meaning of Article 107(3)(c) of the Treaty.

    Article 2

    The following measures do not constitute State aid within the meaning or Article 107(1) TFEU.

    1. The deferrals of the airport charges granted to LOT by the State-owned airports between May 2009 and April 2013;

    2. The following real estate transactions:

      1. The sale and leaseback of LOT's Headquarters on the basis of an agreement signed on 10 May 2011 between LOT and PZU/PB1 for the sale price of PLN […] (c. EUR […]).

      2. The sale of real estate at 17 Stycznia Street 39 on the basis of an agreement signed on 31 July 2012 between LOT and TF Silesia for the sale price of PLN […] (c. EUR […]).

      3. The sale of the Cargo Terminal on the basis of an agreement signed on 25 November 2011 between LOT and LS Airport Services for the sale price of PLN […] (c. EUR […]).

      4. The sale of the Catering Facilities on the basis of an agreement signed on 8 December 2011 between LOT and LOT Catering for the sale price of PLN […] (c. EUR […]).

    3. The following loan agreements:

      1. Two loans provided to LOT by the companies belonging to PZU Group: first in the amount of PLN […] (c. EUR […]) on 14 December 2009 and second in the amount of PLN […] (c. EUR […]) on 17 February 2010.

      2. A loan in the amount of PLN […] (c. EUR […]) provided to LOT by PKN Orlen on 28 June 2012.

      3. A loan in the amount of PLN […] (c. EUR […]) provided to LOT by TF Silesia on 30 March 2009.

      4. A loan in the amount of PLN […] million (c. EUR […] million) provided to LOT by OLPP on 9 March 2012.

    4. The sale of the following LOT's subsidiaries:

      1. The sale of 33,3 % of the LOT shares in Casinos Poland to Vicco on the basis of an agreement concluded on 8 April 2013 for an amount of PLN […] million (c. EUR […] million).

      2. The sale of 49 % of the LOT shares in Petrolot to PKN Orlen on the basis of an agreement concluded on 21 December 2012 for an amount of PLN […] (c. EUR […]).

      3. The sale of 37,90 % of the LOT shares in Eurolot to TF Silesia on the basis of an agreement concluded on 27 February 2013 for an amount of [> 118 million] PLN (c. EUR [> 29 million]).

    5. The transactions concerning the provision of fuel to LOT by PKN Orlen and its subsidiary Petrolot.

    Article 3

    This Decision is addressed to the Republic of Poland.

    Done at Brussels, 29 July 2014

    For the Commission

    Joaquín Almunia

    Vice-president