Benjamin Linke

European State Aid Law Quarterly, Jahrgang 22 (2023), Ausgabe 2, Seite 212 - 214

Benjamin Linke, Benjamin Linke

European State Aid Law Quarterly, Jahrgang 21 (2022), Ausgabe 1, Seite 109 - 112

Benjamin Linke

European State Aid Law Quarterly, Jahrgang 21 (2022), Ausgabe 3, Seite 328 - 331

Benjamin Linke

European State Aid Law Quarterly, Jahrgang 21 (2022), Ausgabe 4, Seite 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.

Benjamin Linke

European State Aid Law Quarterly, Jahrgang 20 (2021), Ausgabe 3, Seite 442 - 444

Benjamin Linke

European State Aid Law Quarterly, Jahrgang 20 (2021), Ausgabe 1, Seite 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.

Benjamin Linke

European State Aid Law Quarterly, Jahrgang 19 (2020), Ausgabe 3, Seite 389 - 392

Benjamin Linke

European State Aid Law Quarterly, Jahrgang 19 (2020), Ausgabe 1, Seite 87 - 88