The Commission has opened an in-depth investigation into an allegedly State aid granted by the Antwerp Port Authority to two container terminal operators of the Port of Antwerp (Belgium).

The Port of Antwerp is managed by the Antwerp Port Authority, a public authority fully owned by the city of Antwerp, which makes land available to companies to operate in the port area based on concession agreements. In 2004, the Authority concluded with PSA Antwerp NV and Antwerp Gateway NV (two container terminal operators) concessions contracts on the grounds of the so called minimum tonnage requirement. Such condition requires that a minimum number of containers must be handled in the port every year. However, between 2009 and 2012 the two operators did not reach the aforementioned requirements and the Authority, instead of collecting the compensation due on the basis of the concession contracts, retroactively revised the minimum tonnage requirements downwards. As a result, the amount of compensation to be paid was significantly reduced by around 80%.

Following a complaint from a competitor, the Commission has opened an in-depth investigation to examine whether the Authority’s decision complies with the principle of private investor in a market economy (“… [u]nder EU state aid rules, public interventions in favour of companies can be considered free of state aid when they are made on terms that a private operator would have accepted under market conditions …”), or should be considered as State aid in the meaning of Article 107 TFEU. In the latter case, the Commission would then verify whether such aid could be allowed for certain public interest goals.

See the press release.