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Failure to Satisfy Ex Post the Altmark Criteria, but Compliance with the 2014 Aviation Guidelines*
Public service obligations must be entrusted by an official act and defined with sufficient precision. Imprecise definition of public service obligations makes it impossible to identify the costs which are caused by such obligations. Consequently, imprecise definition of public service obligations makes it impossible to grant compensation because subsidisation of non-eligible costs cannot be excluded. Compensation may not be granted after ex post definition of public service obligations. But, compensation that does not satisfy the Altmark criteria may still be compatible with the internal market.
In its decision 2014/944 concerning SOGAS, the management company of the
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