Altmark case law: The Marseille Administrative Court of Appeal rules that a safeguard clause reserving the right to grant the delegate of public services additional funding, other than that required to carry out the public services obligations, to an amount that is not determined and whose calculation parameters were not defined, constitutes a State aid (Corsica Ferries)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CAA Marseille, 7 November 2011, Corsica Ferries, n° 08MA01604 Corsica Ferries, a competitor of SNCM and CNM for the transport of passengers between Corsica and the mainland, asked the administrative court to annul the maritime public service delegation agreement for which SNCM and CNM were entrusted by the Region of Corsica on the ground, inter alia, that the agreement contained a safeguard clause constituting, on the basis of the Altmark case-law, State aid which should have been notified before being put into effect to the European Commission. The Administrative Court of Appeal upholds that argument and annuls the decision of the Administrative Court of