# C_2009153EN.01000702.xml

| 4.7.2009 | EN | Official Journal of the European Union | C 153/7 |
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4.7.2009

EN

Official Journal of the European Union

C 153/7

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Judgment of the Court (Second Chamber) of 7 May 2009 (reference for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Associação Nacional de Transportadores Rodoviários de Pesados de Passageiros (Antrop), J. Espírito Santo & Irmãos Lda, Sequeira, Lucas, Venturas & Ca Lda, Barraqueiro Transportes SA, Rodoviária de Lisboa v Conselho de Ministros, Companhia Carris de Ferro de Lisboa SA (Carris), Sociedade de Transportes Colectivos do Porto SA (STCP)

(Case C-504/07) (1)

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(Regulation (EEC) No 1191/69 - Public service obligations - Grant of compensation - Urban passenger transport sector)

2009/C 153/14

Language of the case: Portuguese

Referring court

Referring court

Supremo Tribunal Administrativo

Parties to the main proceedings

Parties to the main proceedings

Applicants: Associação Nacional de Transportadores Rodoviários de Pesados de Passageiros (Antrop), J. Espírito Santo & Irmãos Lda, Sequeira, Lucas, Venturas & Ca Lda, Barraqueiro Transportes SA, Rodoviária de Lisboa

Applicants:

Defendants: Conselho de Ministros, Companhia Carris de Ferro de Lisboa SA (Carris), Sociedade de Transportes Colectivos do Porto SA (STCP)

Defendants:

Re:

Re:

Reference for a preliminary ruling — Supremo Tribunal Administrativo — Interpretation of Articles 73 EC, 76 EC, 87 EC, and 88 EC and of Regulation (EEC) No 1191/69 of the Council of 26 June 1969 on action by Member States concerning the conditions inherent in the concept of a public service in transport by rail, road and inland waterway (OJ 1969 L 156, p. 1) — Municipal public passenger transport service — Existence or not of duty of compensation — Aid intended to compensate for operating deficits of undertakings

Operative part of the judgment

Operative part of the judgment

| 1. | Regulation (EEC) No 1191/69 of the Council of 26 June 1969 on action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway, as amended by Council Regulation (EEC) No 1893/91 of 20 June 1991, must be interpreted as meaning that it authorises the Member States to impose public service obligations on a public undertaking entrusted with the provision of public passenger transport in a municipality and that it provides for compensation to be granted in respect of the financial burdens resulting therefrom; the amount of such compensation is to be determined in accordance with the provisions of that regulation. |
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1.

Regulation (EEC) No 1191/69 of the Council of 26 June 1969 on action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway, as amended by Council Regulation (EEC) No 1893/91 of 20 June 1991, must be interpreted as meaning that it authorises the Member States to impose public service obligations on a public undertaking entrusted with the provision of public passenger transport in a municipality and that it provides for compensation to be granted in respect of the financial burdens resulting therefrom; the amount of such compensation is to be determined in accordance with the provisions of that regulation.

| 2. | Regulation No 1191/69, as amended by Regulation No 1893/91, precludes the grant of compensation payments, such as those at issue in the main proceedings, where it is not possible to determine the amount of the costs imputable to the activity of the undertakings concerned carried out in the performance of their public service obligations. |
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2.

Regulation No 1191/69, as amended by Regulation No 1893/91, precludes the grant of compensation payments, such as those at issue in the main proceedings, where it is not possible to determine the amount of the costs imputable to the activity of the undertakings concerned carried out in the performance of their public service obligations.

| 3. | Where a national court finds certain aid measures to be incompatible with Regulation No 1191/69, as amended by Regulation No 1893/91, it is a matter for that court to establish all the consequences, under national law, as regards the validity of the acts giving effect to those measures. |
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3.

Where a national court finds certain aid measures to be incompatible with Regulation No 1191/69, as amended by Regulation No 1893/91, it is a matter for that court to establish all the consequences, under national law, as regards the validity of the acts giving effect to those measures.

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(1)  OJ C 22, 26.1.2008.

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