- Volume 21 (2022), Issue 4
- Vol. 21 (2022), No. 4
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- Pages 419 - 424
- pp. 419 - 424
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
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.