CASE COMMENTS: STATE AIDS – EUROPEAN UNION – PUBLIC SERVICE – TEMPORAL APPLICATION – RES JUDICATA

Public service: The General Court of the European Union confirms that the granting by a national judge of a retroactive public service compensation constitutes a new unlawful and incompatible State aid when the entrustment of public service is not sufficiently detailed (ARFEA)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The ARFEA judgment is set in the same context as the Simet (Trib. EU, 3 March 2016, T-15/14, EU :T :2016 :124), Buonotourist (Trib. UE, 11 July 2018, T-185/15, EU :T :2018 :430) and CSTP (Trib. EU, 11 July 2018, T-186/15, EU:T:2018:431). It stems from the case law of the Italian Council of State of 2006 recognising a right to full compensation for the extra costs incurred by transport undertakings in discharging public service obligations. This right was directly based on Council Regulation 1191/69 establishing a harmonised framework and defining the conditions under which Member States may grant subsidies to compensate for the cost of public service

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  • European Commission - Legal Service (Brussels)

Quotation

Bruno Stromsky, Public service: The General Court of the European Union confirms that the granting by a national judge of a retroactive public service compensation constitutes a new unlawful and incompatible State aid when the entrustment of public service is not sufficiently detailed (ARFEA), 29 November 2018, Concurrences N° 1-2019, Art. N° 89301, pp. 143-145

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