In a decision dated Thursday 20 September, the European Commission found that the subsidies awarded by Italy to the port authority of Naples to refurbish dry docks rented out to Cantieri del Mediterraneo (CAMED) ran counter to the rules of EU State aid law, but judged differently concerning the delayed collection of concession fees by the port authority.
In June 2016, the Commission opened an in-depth investigation into the direct subsidies of €44 million awarded to the port authority of Naples for the renovation of dry docks rented by the port to the ship repair company CAMED through a concession contract. The institution considered at the time that the port of Naples had benefitted from public subsidies in the form of non-reimbursable financial support not involving a financing cost, which would have been unavailable to it on the market.
CAMED also benefitted from these subsidies through the concession contract for the dry docks. Indeed, the company was in a position to use the refurbished dry docks at below market prices, without having participated in an open call for tenders. Additionally, the level of the fees paid by this company to the port authority of Naples to use the land was calculated on the basis of fixed parameters set out by law, not reflecting their economic value.
The Commission therefore considered that these direct subsidies constituted State aid in favour of the port and of CAMED. Taking the view that these measures did not meet the criteria for the exercise of a public service obligation, it also concluded that they were incompatible with EU State aid rules.
Approval to postponement collection fees. The Commission also looked at the delayed collection of concession fees by the port authority from seven concession-holders active in the port of Naples.
It considered that the authority had not waived these debts against the concession-holders, for instance by charging late-payment interest and launching procedures to cancel concessions in the event of the non-payment of certain fees.
The institution therefore concluded that there was no State aid on this point. (Original version in French by Lucas Tripoteau)