The EU Court of Justice delivers a judgment on the notion of State aid, addressing the issue of the compensation for services of general economic interest (Altmark)

"Compensation for services of general economic interest: some thoughts on the Altmark ruling"* 1. Introduction With the Altmark judgement [1], the European Court of Justice has uttered the last word in a longstanding dispute: is compensation for services of general economic interest (SGEI) a State aid? The debate—opened by the departure in the FFSA judgement [2] from the approach of Waste Oils [3] and revamped with Ferring [4] —originated from the apparent impossibility of avoiding either one of two unpleasant conclusions: — Fair compensation for extra costs imposed by the State gives an advantage to the recipient; — Article 86 loses any purpose in State aid, if fair compensation is no aid and over-compensation is always incompatible. While in the previous pronouncements the

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Nicolas Pesaresi, Sandro Santamato, The EU Court of Justice delivers a judgment on the notion of State aid, addressing the issue of the compensation for services of general economic interest (Altmark), 24 July 2003, e-Competitions July 2003, Art. N° 38406

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