CELEX: 62012CA0516
Language: en
Date: 2014-04-03 00:00:00
Title: Joined Cases C-516/12 to C-518/12: Judgment of the Court (Fifth Chamber) of 3 April 2014 (requests for a preliminary ruling from the Consiglio di Stato — Italy) — CTP — Compagnia Trasporti Pubblici SpA v Regione Campania (C-516/12 to C-518/12), Provincia di Napoli (C-516/12 and C-518/12) (Reference for a preliminary ruling — Regulation (EC) No 1191/69 — Public passenger transport services — Article 4 — Application for termination of public service obligation — Article 6 — Right to compensation in respect of the financial burdens resulting from the performance of a public service obligation)

26.5.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 159/7
            
         Judgment of the Court (Fifth Chamber) of 3 April 2014 (requests for a preliminary ruling from the Consiglio di Stato — Italy) — CTP — Compagnia Trasporti Pubblici SpA v Regione Campania (C-516/12 to C-518/12), Provincia di Napoli (C-516/12 and C-518/12)
   (Joined Cases C-516/12 to C-518/12) (1)
   
   ((Reference for a preliminary ruling - Regulation (EC) No 1191/69 - Public passenger transport services - Article 4 - Application for termination of public service obligation - Article 6 - Right to compensation in respect of the financial burdens resulting from the performance of a public service obligation))
   2014/C 159/09
   Language of the case: Italian
   
      Referring court
   
   Consiglio di Stato
   
      Parties to the main proceedings
   
   
      Applicant: CTP — Compagnia Trasporti Pubblici SpA
   
      Defendants: Regione Campania (C-516/12 to C-518/12), Provincia di Napoli (C-516/12 and C-518/12)
   
      Re:
   
   Requests for a preliminary ruling — Consiglio di Stato — Interpretation of Article 4 of 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 (OJ 1969 L 156, p. 1) — The right of private undertakings to compensation for the financial burdens arising from a public service obligation — Transport undertaking not having submitted to the competent authorities an application for termination of a public service obligation imposing on it an economic disadvantage — Obligation not forming part of the public service missions that the Member States are required to terminate
   
      Operative part of the judgment
   
   Articles 4 and 6 of 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, for public service obligations that came into existence before that regulation entered into force, 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.
   
      (1)  OJ C 26, 26.1.2013.