Commission Decision of 23 February 2011 on State aid C 58/06 (ex NN 98/05) implemented by Germany for Bahnen der Stadt Monheim (BSM) and Rheinische Bahngesellschaft (RBG) in the Verkehrsverbund Rhein-Ruhr (notified under document C(2011) 632) (1)

DOUEEN, August 17, 2011 › Serie L

Linked as:

Extract

17.8.2011 Official Journal of the European Union L 210/1

II (Non-legislative acts)

DECISIONS

COMMISSION DECISION

of 23 February 2011

on State aid C 58/06 (ex NN 98/05) implemented by Germany for Bahnen der Stadt Monheim (BSM) and Rheinische Bahngesellschaft (RBG) in the Verkehrsverbund Rhein-Ruhr

(notified under document C(2011) 632)

(Only the German text is authentic)

(Text with EEA relevance)

(2011/501/EU)

THE EUROPEAN COMMISSION,

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

( 1

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 pursuant to the above Articles

( 2 ), and having regard to these comments,

Whereas:

1. PROCEDURE

(1) By letter dated 21 December 2006, the Commission informed Germany of its decision to consider that the 'old financing system' of the Verkehrsverbund RheinRuhr (Rhine-Ruhr Transport Network - 'VRR') constituted existing aid and to open the procedure provided for in Article 108(2) TFEU in respect of the 'new financing system'

( 3 ) of VRR, on the basis of which Rheinische Bahngesellschaft AG ('RBG') and

Bahnen der Stadt Monheim GmbH ('BSM') receive compensation payments for public service obligations, and requested Germany to submit its comments. At Germany's request, a meeting took place on 1 February 2007. Germany transmitted its comments on 18 April and 4 May 2007.

(2) The Commission's decision to open the formal investigation procedure was published in the Official Journal of the European Union on 31 March 2007

( 4

). The

Commission invited interested parties to submit their comments on the measures in question within 1 month of the publication date.

(3) The Commission received comments from one interested party. It transmitted the comments to Germany by letter dated 29 May 2007. Germany was given the opportunity to respond to them within 1 month. The Commission received Germany's observations by letter dated 29 June 2007.

(4) At Germany's request, an additional meeting took place on 31 January 2008. This meeting was followed by the dispatch of additional information by Germany, as requested by the Commission, on 5 May and 3 July 2008.

(5) By letters dated 2 October 2007, 30 January 2008 and

4 April 2008, the interested party provided further clarifications with regard to its initial observations.

( 1 ) With effect from 1 December 2009, Articles 87 and 88 of the EC

Treaty have become Articles 107 and 108, respectively, of the TFEU. The two sets of provisions are, in substance, identical. For the purposes of this Decision, references to Articles 107 and 108 of the TFEU should be understood as references to Articles 87 and 88, respectively, of the EC Treaty, where appropriate.

( 2 ) OJ C 74, 31.3.2007, p. 18.

( 3 ) See Section 4.2.

( 4 ) See footnote 2.

L 210/2 Official Journal of the European Union 17.8.2011

(6) By letter dated 10 July 2008 the Commission requested further clarifications from Germany with regard to the submitted information; Germany was also given the opportunity to respond to the additional clarifications provided by the interested party within 1 month. Germany responded by letters dated 5 August and

30 September 2008.

(7) By letter dated 16 December 2009 the Commission requested Germany and the interested party to provide by 10 January 2010 their observations on the compatibility of the measures in question with Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) No 1191/69 and (EEC) No 1107/70

( 5 ). Germany and the interested party requested prolongation of the deadline. The Commission prolonged the deadline for both parties until 12 January 2010. By letter dated 12 January 2010 the Commission received the observations from Germany. The interested party did not provide any observations within the deadline. By letter dated 13 January 2010 the interested party informed the Commission that it was no longer interested in participating in the procedure.

(8) In its letter of 12 January 2010, Germany informed the Commission as well that it had amended the acts of entrustment for RBG and BSM and the new financing system of VRR, with a view to complying with Regulation (EC) No 1370/2007.

2. THE PARTIES

(9) VRR was established by various cities and districts in the Rhine-Ruhr area as a vehicle to fulfil the cities' and districts' task to plan and organise local public passenger transport within their respective territories, and to disburse public service compensation payments for the provision of public transport services. VRR consists of two legall...

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