EN Official Journal of the European Union CE 84/768

(2004/C 84 E/0864)

WRITTEN QUESTION E-0300/04

by Roberto Bigliardo (UEN) to the Commission

(6 February 2004)

Subject: Financing for the new Athens airport

By decision E(96) 1356 of 23 May 1996 the Commission granted the company AIA SA funding of EUR 250 million to build the new Athens airport at Spata.

The company subsequently (on 14 June 1996) signed a contract for the airport project with Hochtief AG, formerly called Gebr. Helfmann of Essen (Germany), for a sum of EUR 1,8 billion. In its turn this company set up a branch in Athens which is not entered on the register of limited companies. Hochtief has concluded a whole series of contracts with other firms in order to sub-contract the construction work.

Hochtief has a 45 % share in AIA SA, the Greek State 55 %, although Hochtief controls the board of directors with 5 out of 9 directors. The Commission's decision E (96) 1356 named AIA SA as the entity responsible for carrying out the project. According to Article 12.2.6. of Greek Law No 2338/95, AIA SA cannot be considered as a body governed by public law, and Article 10 of Regulation No 1164/94 (1) states that funding may be granted only to bodies governed by public law.

Spat airport has also set extremely high airport taxes, because of its dominant position in air traffic to and from Greece. This prompted a number of passengers to lodge complaints with the Commission in July 2002.

1. Can the Commission say how it justifies granting the funding directly to a limited company rather than to a body governed by public law?

2. Why it has not yet responded to the complaints concerning the high airport taxes charged by Spata airport?

3. Which of the two companies — Hochtief AG or Hellas SA — issued the invoice for the payment of EUR 1,8 billion to the company AIA, which was subsequently submitted to the Commission to justify the funding of EUR 250 million?

Supplementary answer given by Mr Fischler on behalf of the Commission

(29 April 2004)

1. The company Athens International Airport (AIA) Ltd is the airport concession-holder for a period of 30 years. Council Regulation (EC) No 1164/94 of 16 May 1994 establishing a Cohesion Fund, which was in force at the date of the Commission decision, does not restrict the legal status of the implementing body to the public sector. A private-law entity is entitled to receive Community assistance from the Cohesion Fund. In partnerships between the public and private sectors, the implementing bodies are generally private-law companies.

2. The Commission has received a complaint relating to the compliance with Community competition law of the airport's development and commercial operation. The complaint is in two main parts. The first concerns the Greek Government's imposition of an airport tax and its decision to grant exclusive rights to the airport operator. The second relates to the charges payable in return for certain airport services. On 22 May 2003 the Commission decided to close the first part of the complaint, i.e. that relating to action taken by the Greek Government. The Commission is currently continuing to investigate the airport charges, with a view to responding to the complainant regarding the second part of the complaint.

3. The company AIA Ltd has received the monthly invoices from the Greek firm (distinct from Hochtief Hellas) representing Hochtief AG, as well as the invoices from the Greek firms representing the constructors' consortium.

(1) OJ L 130, 25.5.1994, p. 1.