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Transport Companies Are Entitled to Compensation for Public Service Obligations Imposed by General Rules · Case C‑614/20 Lux Express Estonia · Annotation by Benjamin Linke

Annotation on the Judgment of the Court (First Chamber) of 8 September 2022 in Case C‑614/20 Lux Express Estonia

Benjamin Linke


Keywords: passenger transport, public service obligation, compensation obligation, maximum tariff, general rule

It has been controversial for years whether transport companies were entitled to compensation for the burden of tariff obligations imposed by competent authorities. The ECJ has now granted the transport companies a claim derived from Regulation (EC) No 1370/2007. In view of the political discussions about compensation obligations in the legislative process for the Regulation, this comes as a surprise. Henceforth, however, companies will be entitled to compensation for all negative effects (less all positive effects) of maximum tariffs imposed outside public service contracts through so called general rules.

Dr Benjamin Linke works as a lawyer in the legal department of Deutsche Bahn AG in Frankfurt am Main (Germany). He is part of the unit for Public Commercial Law, State Aid Law and Public Transport Contract Law. The opinions in this case note reflect the personal view of the author and do not necessarily represent the position of Deutsche Bahn AG.


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