EN
L 200/182
Official Journal of the European Union
29.7.2022
(180) Historically, the objectives pursued by Italy have not been achieved through the interplay of market forces alone.
In fact, the adequacy of these services has been traditionally ensured by public service obligations imposed to that effect on the companies of the former Tirrenia Group and enshrined in the initial Conventions.
Indeed, the Commission notes that the routes in question have been operated, largely unaltered, for many years i.e. at least since the entry into force of the initial Convention.
Italy, and in particular the regional authorities concerned, considered that these services were (and continued to be) necessary to meet user demand.
(181) With respect to the freight-only routes (i.e. Line T3 and Line T4), the Commission recalls that the General Court has already established (64) that, in order to be capable of being characterised as a service of general economic interest, the service in question must not necessarily constitute a universal service stricto sensu.
In effect, the concept of universal service does not mean that the service in question must respond to a need common to the whole population or be supplied throughout a territory (65) but rather to serve the interests of society as a whole.
In addition, it is the Commission’s view that Union legislation does not prevent Member States from validly qualifying in the exercise of their discretion certain maritime freight services to and from remote areas as SGEI, provided that the principles laid down by the Maritime Cabotage Regulation are complied with.
(182) Italy has explained that the public service needs are linked to the special geographical and socio-economic characteristics of the islands in the Pontine archipelago.
Article 1 of the service contract stipulates that the services awarded to Laziomar are ‘[...]necessary to maintain territorial continuity so as to ensure the supply of goods, including special goods, necessary for the proper functioning of public and social services for the Pontine islands [...]’.
As regards the island of Ponza, the need for territorial continuity and supply of goods and special goods is necessary in view of its distance from the mainland (about 27 nautical miles from Terracina) and its low population numbers (around 3 500 inhabitants).
Similar considerations apply to the island of Ventotene (about 31 nautical miles from Terracina and around 800 inhabitants).
The regular frequency of those freight services all year round ensures that also in the low season, when there is less demand from tourists, the inhabitants and companies of these islands remain adequately supplied.
In addition, those services also contribute to the economic development of both islands by transporting goods and special goods (e.g. dangerous goods, municipal solid waste, etc.) from and to the mainland.
(183) As regards the passenger and mixed services, to illustrate the genuine demand, Italy provided aggregated statistics, which show that in 2012 Laziomar transported 240 430 passengers and 13 228 vehicles on the public service routes combined during the respective time periods covered by the public service obligations.
The numbers for 2013 were higher (i.e. 254 167 passengers and 16 927 vehicles).
This shows that in the two years before Laziomar was entrusted with its public service obligations, there was a significant aggregate demand for maritime transport services on the routes concerned (see recital 291) for detailed route-by-route statistics for the years 2011 to 2013).
(184) To further demonstrate that user demand remained present when Laziomar started operating on the basis of the new public service contract on all routes, Italy also provided aggregated statistics until the end of 2019 (see Tables 6 to 8).
These confirm that user demand remained present, with some slight deviations, upwards or downwards.
In any case, an analysis of the route-by-route statistics for each year until end 2019 did not provide any indications that the user demand on specific routes would have disappeared.
Table 6
Passengers’ statistics for the years 2014–2019 Year
Line T1
Line T2
Line T3
Line T4
Line A1
Line A2
Line A3
Total No of passengers
2014
125 720
63 376
30 812
1 509
36 474
58 680
40 000
356 571
2015
131 453
65 822
40 211
165
37 442
69 327
46 847
391 267
2016
141 720
81 572
45 006
308
42 209
60 263
37 981
409 959
(64) See Case T-289/03 BUPA and Others v Commission, ECLI:EU:T:2008:29, paragraph 186.
(65) See Case 66/86 Ahmed Saeed Flugreisen, ECLI:EU:C:1989:140, paragraph 55; Case C-266/96 Corsica Ferries France, ECLI:EU:C:1998:306, paragraph 45; Case T-17/02 Fred Olsen v Commission, ECLI:EU:T:2005:218, paragraph 186 et seq.