The EU General Court explains that a restructuring aid can finance any part of a restructuring plan and that compensatory measures initiated before the granting of restructuring aid can be taken into account as long as they are linked to the restructuring itself (Niki Luftfahrt)

Restructuring Aid* Restructuring aid can finance any part of a restructuring plan. Compensatory measures initiated before the granting of restructuring aid can be taken into account as long as they are linked to the restructuring itself. Restructuring aid On 13 May 2015, the General Court ruled in case T‑511/09, Niki Luftfahrt v Euroepan Commission. Niki Luftfahrt [NL] appealed against Commission decision 2010/137, which approved restructuring aid for Austrian Airlines [AA]. The restructuring aid, amounting to EUR 500 million was granted in the context of the acquisition of AA by Germany’s Lufthansa. Lufthansa paid EUR 0.37 million to the state agency that held AA’s shares. The decision was conditional primarily on reduction by AA of its capacity, in terms of seats/kilometre, by 15%.

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Phedon Nicolaides, The EU General Court explains that a restructuring aid can finance any part of a restructuring plan and that compensatory measures initiated before the granting of restructuring aid can be taken into account as long as they are linked to the restructuring itself (Niki Luftfahrt), 13 May 2015, e-Competitions May 2015, Art. N° 74156

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