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26.6.2023

EN

Official Journal of the European Union
L 160/91

e refraining from publicising State support as a competitive advantage when marketing products and services of SATA
Air Aores - Sociedade Aoriana de Transportes Aéreos S.A., and/or its subsidiaries.
3.
Portugal shall send the Commission regular reports on the implementation of the restructuring plan every six months starting from the date of adoption of this Decision until the end of the restructuring period on 31 December 2025. Those reports shall specify, in particular: the dates of the actual disbursement of the funding committed by Portugal and the own contribution of the beneficiary; the developments on the network, market position, aircraft and capacity of SATA Air Aores - Sociedade Aoriana de Transportes Aéreos S.A.s fleet; any deviations from the financial or operational trajectories of the restructuring plan in terms of revenues, containment of costs and cost reductions, and earnings achieved by the restructuring measures; and any corrective measures envisaged or taken by Portugal or the beneficiary where appropriate.
Article 3
The formal investigation procedure is closed with regard to the State aid in the form of a public guarantee to a bank loan of EUR 169 million for the rescue of SATA Air Aores - Sociedade Aoriana de Transportes Aéreos S.A. on the grounds that the procedure has become without object, since Portugal has withdrawn the notification of that State aid without putting the aid into effect.
Article 4
1.
The three capital increases of SATA Air Aores - Sociedade Aoriana de Transportes Aéreos S.A. subscribed by the Portugal since 2017 for a total amount of EUR 72,6 million constitute State aid within the meaning of Article 1071 TFEU.
2.
That State aid was unlawfully put into effect by Portugal in breach of Article 1083 TFEU and is incompatible with the internal market.
3.
Since Portugal has already recovered the incompatible State aid from the beneficiary with interest from the date on which the three capital increases were respectively put at the disposal of the beneficiary until their actual recovery, the Commission has no grounds to require the recovery of the aid.
Article 5
Portugal shall inform the Commission, within two months of notification of this Decision, of the measures taken and envisaged to be taken to comply with it.
Article 6
This Decision is addressed to the Portuguese Republic.

Done at Brussels, 7 June 2022.

For the Commission Margrethe VESTAGER
Member of the Commission