Invitation to Submit Comments on State Aid for Helsinki Bus Operator
Today, the European Commission’s has published in the OJ the decision to open the formal investigation procedure on State aid implemented by Finland for Koiviston Auto Helsinki Oy, formerly Helsingin Bussiliikenne Oy, operator of bus routes in Helsinki inviting third parties including the alleged beneficiary of the aid to submit comments.
In 2015, the Commission initiated the formal investigation procedure with respect to the support measures received by this bus operator. It found that the aid of EUR 54 231 850 granted by Finland in favour of Helsingin Bussiliikenne Oy was incompatible with the internal market and that Finland should recover the aid from the beneficiary, extending the obligation to the economic successor.
In its judgment of 29 July 2024 in case C-697/22 P, the Court of Justice annulled the Commission’s decision, ruling that a supplementary opening decision should have been adopted and published to account for the transfer of the beneficiary’s business after the formal investigation began. As no such decision was issued, interested parties were denied the opportunity to provide comments on this matter.
The present decision initiates a formal investigation into the aspects of economic continuity and aid recovery. It outlines the sale of the former Helsingin Bussiliikenne Oy to the private bus operator Viikin Linja Oy (part of Koiviston Auto Group, ‘KAG’) in December 2015, and a subsequent sale in 2022 when KAG was acquired by CapMan Infra.
The Commission preliminarily found that there is economic continuity between the former Helsingin Bussiliikenne Oy and the new Helsingin Bussiliikenne Oy, now Koiviston Auto Helsinki Oy. Moreover, if the advantage granted by Finland to the former Helsingin Bussiliikenne Oy is unlawful and incompatible State aid, the recovery obligation would be extended to the new Helsingin Bussiliikenne Oy.
Deadline to submit comments: 27 April 2025.
Do not hesitate to contact any of our lawyers to help you prepare your comments.
For more information, see the Official Journal publication.