There is no doubt that undertakings entrusted with the provision of services of general economic interest (SGIEs) are subject to the rules in the Treaty on the Functioning of the European Union (TFEU), including its state aid rules. However, compensation for providing such public services also benefits from a particular regime in the TFEU. Pursuant to Article 106(2) TFEU, in so far as the application of the treaty rules obstructs the performance, in law or in fact, of particular tasks assigned to such undertakings, derogation may be justified. This rule has been partially absorbed in the assessment of a measure under Article 107(1) TFEU that determines whether or not a measure constitutes state aid. Indeed, pursuant to the seminal Altmark case [1], compensation for SGIEs is not
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The EU Court of Justice dismisses France’s action against the Commission’s decision declaring an unlimited guarantee incompatible with the internal market (La Poste)
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