Opinion of the Advocate General — ECLI:EU:C:2014:63
Date: 2014-02-06
Language of the case: Italian
Subject matter: State aids;Competition;Transport
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary — Judgment of the Court (Fifth Chamber), 3 April 2014 1. Transport — Action by Member States concerning public service obligations — Regulation No 1191/69 — Application for termination of public service obligation in a disadvantageous financial situation — Compensation in respect of the burdens resulting from those obligations — Application to transport services provided under a public service contract — Not included (Council Regulation No 1191/69, as amended by Regulation No 1893/91, Arts 2(1), 4, 6 and 14(1)) 2. Transport — Action by Member States action concerning public service obligations — Regulation No 1191/69 — Compensation in respect of the burdens resulting from those obligations — Condition — Obligation to have requested in advance the termination of the service obligations — Exclusion except as regards obligations arising before the entry into force of the regulation (Council Regulation No 1191/69, as amended by Regulation No 1893/91, Arts 4 and 6) 1. Article 4 of Regulation No 1191/69 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 Regulation No 1893/91, and Article 6 of that regulation are intended to apply only if the local public transport services provided derive from a public service obligation within the meaning of Article 2(1) of the regulation. However, those articles are inapplicable if the local public transport services provided derived from a public service contract within the meaning of Article 14(1) of Regulation No 1191/69, which it is for the referring court to establish. (see para. 23) 2. Articles 4 and 6 of Regulation No 1191/69 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 Regulation No 1893/91, must be interpreted as meaning that, for public service obligations that came into existence before the entry into force of Regulation No 1191/69, acquisition of a right to compensation in respect of the financial burdens resulting from the performance of such an obligation is subject to the submission of an application for termination of that obligation by the undertaking concerned and to a decision to maintain the obligation or to terminate it at the end of a specified period being made by the competent authorities. By contrast, as regards public service obligations that came into existence after that date, acquisition of such a right to compensation is not subject to those conditions. (see para. 34, operative part)