Commission Decision (EU) 2018/1040 of 16 June 2017 on the State aid SA.32544 (2011/C) implemented by Greece in favour of the Greek Railway Group TRAINOSE SA (notified under document C(2017) 4047) (Only the English text is authentic) (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,

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

Having called on interested parties to submit their comments.

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Following the withdrawal of the notification of the transfer of terminals from OSE to TRAINOSE and of the equity increase of EUR 65 million, the formal investigation procedure under Article 108(2) of the Treaty with respect to these notified planned measures in favour of TRAINOSE SA has become without object and is hereby closed.

Article 2

The State aid in the form of the cancellation of debts amounting to EUR 748,6 million in favour of TRAINOSE, which Greece is planning to implement, constitutes State aid, compatible with the internal market on the basis of Article 107(3)(b) of the Treaty. The implementation of the cancellation of these debts is accordingly authorised.

The equity increase of EUR 60 million implemented in 2009 in favour of TRAINOSE constitutes State aid, compatible with the internal market on the basis of Article 107(3)(b) of the Treaty.

The annual grants of up to EUR 150 million implemented in the period from 2011 to 2013 in favour of TRAINOSE constitute State aid, compatible with the internal market on the basis of Article 107(3)(b) of the Treaty.

The transfer of 593 employees to other public sector employers during the period from 2011 to 2013 is compatible with the internal market on the basis of Article 107(3)(b) of the Treaty.

The Service Level Agreements concerning the provision of rolling stock maintenance, the leasing of rolling stock, the personnel training, the office rental and the coach rental, do not constitute State aid within the meaning of Article 107(1) of the Treaty.

Article 3

This Decision is addressed to the Hellenic Republic.

Done at Brussels, 16 June 2017.

For the Commission

Margrethe Vestager

Member of the Commission