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Author: Benjamin Linke

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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 journal article

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

Benjamin Linke

European State Aid Law Quarterly, Volume 21 (2022), Issue 4, Page 419 - 424

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.

Fund Transfers to Authorities Owning a Company as State Aid? - Equal Fund-Distribution in the Case of ‘Double Roles’ · Case T-583/18 GVN · Annotation by Benjamin Linke journal article

Annotation on the Judgment of the General Court (Fifth Chamber) of 5 October 2020 in Case T-583/18 GVN

Benjamin Linke

European State Aid Law Quarterly, Volume 20 (2021), Issue 1, Page 114 - 119

It is well enough understood that public authorities exercising official power are no undertakings and therefore cannot be recipients of State aid. What happens, however, if an authority receives funds for distribution in a sector (here: the transport sector) and at the same time owns or controls a company in given sector? Does the ‘dual role’ already lead to a classification as transfer of funds to a State aid relevant undertaking? The General Court had to decide on this question in connection with compensation means in local public transport that were transferred by the state to lower administrative authorities for distribution to transport companies. The local authorities were criticised of (allegedly) making the funds available to their own companies rather than private operators.

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