The EU Court of Justice holds that public service obligations must be properly defined via an official act or an administrative decision (Castilla-la-Mancha State aid’s)

Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no relationships with a party or related third party. Article will need e-Competitions Board approval before publication.

Public Service Obligations Must be Properly Defined and Selectivity Must be Proven Neither the existence of market failure, nor national laws that designate a service to be in the general interest can replace an official act that assigns to one or more undertakings clearly defined public service obligations. Introduction The proper definition of public service obligations (PSOs) is an issue that arises with surprising regularity. It is surprising because numerous court judgments and Commission decisions have made it clear that when a public authority imposes a PSO it must do so via an act or administrative decision that compels a particular provider or providers to offer a service that is defined by the authority itself in terms such as price, quality, area, frequency, regularity,

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Phedon Nicolaides, The EU Court of Justice holds that public service obligations must be properly defined via an official act or an administrative decision (Castilla-la-Mancha State aid’s), 20 September 2018, e-Competitions Bulletin December 2018, Art. N° 88409

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