Exclusive Rights and Legal Monopolies* Introduction The fact that a company enjoys exclusive rights and operates in a sector covered by a legal monopoly does not necessarily insulate it from State aid rules. This has been confirmed by the Court of Justice in its judgment of 19 December 2019, in case C-385/18, Arriva Italia and others. [1]. An Italian court asked the Court of Justice for guidance in a case involving Arriva Italia and other companies, on the one hand, and the Ministry of Infrastructure and Transport, on the other. The case concerned the transfer of 100% of the holding of the Ministry in Ferrovie del Sud Est e Servizi Automobilistici Srl a socio unico [hereinafter FSE] to state-owned Ferrovie dello Stato Italiane [hereinafter FSI]. Both the FSE and the FSI are railway
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The EU Court of Justice confirms that a company does not necessarily insulate from State aid if it enjoys exclusive rights and operates in a sector covered by a legal monopoly (Arriva Italia)
* 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.
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