164 COMPETITION LAW IN TOURISM the best offers without respecting the procedure established by law. However, even if proper tender procedures had been organised, this could not rule out an abnormal economic advantage because “the scheme is conceived in the first place to disburse public funds to airlines and this financing does not correspond either to compensation for genuine service obligations or to remuneration for products or services fulfilling genuine needs of the Region”55. The Commission found that the measures involved state aid to the airlines and that no aidwas granted to Sardinian airports, as theyweremere intermediaries. The scheme benefitted a large group of undertakings in the touristic region, and, therefore, the Commission considered that the scheme “had not been designed in such a way as to channel its secondary effects towards the airport operators, but rather as to benefit the many tourism-related sectors in Sardinia”56. The Commission ordered Italy to recover the aid granted to Ryanair/AMS (which, for the purposes of assessing the aid, are considered as a single economic entity and are considered jointly liable for repayment), EasyJet, Air Berlin, Meridiana, Alitalia, Air Italy, Volotea, Wizzair, Norwegian, Jet2.COM, Niki, Tourparade, Germanwings, Air Baltic and Vueling. The amount of aid to be recovered per airline was not specified in the decision, and this decision has been challenged by the concerned airlines before the General Court of the EU. Those procedures are still pending. This case demonstrates the lack of margin public authorities have in the support of the development of air traffic in their territory due to the very few categories of aid that can be granted with that objective. 4. AIDS AUTHORISED UNDER EU LAW 4.1. Start-up aids for new routes The Commission created start-up aids to airlines departing from regional airports in its decision of 12 February 2004 concerning the advantages granted by the Walloon Region and Brussels South Charleroi Airport to Ryanair57. They were founded on the joint venture created by Brussels South Charleroi Airport and Ryanair, in order to finance the marketing and advertising of Ryanair’s 55 Ibid. para. 386. 56 Ibid. para. 403. 57 Idem.
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