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)

Pesaresi, Nicola; Santamato, Sandro

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24 Jul 2003

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)

KEYWORDS

Reference

EU Court of Justice, Altmark, Case C-280/00, 24 July 2003

"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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Authors

Nicola Pesaresi
European Commission - DG COMP (Brussels)

Belgium 13 contributions 26831 visits
Sandro Santamato
European Commission - DG MOVE (Brussels)

Belgium 3 contributions 1254 visits

Quotation

Nicola 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 State aid and Service of General Economic Interest, Art. N° 38406

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