Commission Decision (EU) 2022/459 of 10 September 2021 on the State aid SA.49668 (2019/C) (ex 2017/FC) and SA.53403 (2019/C) (ex 2017/FC) implemented by Denmark and Sweden for PostNord AB and Post Danmark A/S (notified under document C(2021) 6568) (Only the Danish and Swedish versions are authentic) (Text with EEA relevance)
Commission Decision (EU) 2022/459 of 10 September 2021 on the State aid SA.49668 (2019/C) (ex 2017/FC) and SA.53403 (2019/C) (ex 2017/FC) implemented by Denmark and Sweden for PostNord AB and Post Danmark A/S (notified under document C(2021) 6568) (Only the Danish and Swedish versions are 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), point (a), thereof,
Having given notice to the parties concerned to submit their comments pursuant to those provisions(1) and having regard to their comments,
Whereas:
HAS ADOPTED THIS DECISION:
Article 1
The State aid in the form of a capital injection from Sweden of SEK 400 million into PostNord AB unlawfully put into effect by Sweden in breach of Article 108(3) TFEU is incompatible with the internal market.
Article 2
The State aid in the form of a capital injection from Denmark of SEK 267 million into PostNord AB unlawfully put into effect by Denmark in breach of Article 108(3) TFEU is incompatible with the internal market.
Article 3
The capital injection into Post Danmark by PostNord Group AB does not constitute State aid within the meaning of Article 107(1) TFEU.
Article 4
Sweden shall recover the incompatible aid referred to in Article 1 from the beneficiary of that aid.
Denmark shall recover the incompatible aid referred to in Article 2 from the beneficiary of that aid.
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.