Date of granting. (35) According to ITD, all the capital injections, forming one single measure, have been granted as of the adoption of the October Agreement in 2017.
Date of granting. (77) If the granting of a measure depends on certain conditions being met, it cannot be considered to be granted unless and until those conditions are met (25). This view is supported by the complainant (see recital 37 above). One of the conditions in the October Agreement is that: “The shareholders agree to the following subject to […] as regards the state aid elements, approval from the European Commission”. The capital injection of PostNord could therefore at the earliest be considered to be granted as of 28 May 2018, the day that the 2018 Decision was adopted.
Date of granting. (106) Similarly to the capital injection of PostNord (see recitals 77-82), an Act subsequent to the October Agreement was necessary for Denmark to carry out its capital injection. In particular, the Ministry of Transport, Building and Housing needed the approval of the Finance Committee of the Danish Parliament. The October Agreement clearly states that the consent of the Danish Government is required for the implementation of the agreement (see recital 26).
Date of granting. (117) The Commission notes that the Swedish authorities have argued that the critical measure for upholding the October Agree- ment was the Commission’s approval of the USO compensation in the 2018 Decision (see recital 64). The Swedish Parliament had provided its consent, based on that condition being fulfilled, on 12 December 2017.