EUR-Charts

Recent case law (Deutsche Post (2010)) has confirmed that Altmark (2003) concerns the very definition of state aid under Art. 107(1) TFEU in relation to public service obligations, rather than Art. 106(2) TFEU. Therefore, the following parts in the chart have to be adapted:

The chart title should read:

Compensation for public service obligations and state aid

The topic sentence should read:

Compensation for public service obligations does not fall under Art. 107(1) TFEU provided that the conditions defined by the ECJ in the important Altmark (2003) decision are met.

The box reading “Art. 106(2) TFEU and state aid” (top) should read:

Compensation for public service obligations

The box entitled “The ECJ’s decision in the Altmark (2003) case” (2nd from top) should read:

The ECJ’s decision in the Altmark (2003) case

Compensation for public service obligations does not amount to state aid (i.e. it is not caught by Art. 107(1) TFEU) and does not have to be notified (see Chart 9/44) to the Commission if the following conditions are met:

There are new measures on State aid in the form of public service compensation. Accordingly, the last box, entitled “Follow up on Altmark (2003)” must read:

Follow up on Altmark (2003)

• For certain types of public service obligations that do not meet the Altmark conditions: Commission Decision 2012/21/EU on State aid in the form of public service compensation (Art. 107(1) TFEU applies but there is an exemption under Art. 106(2) TFEU; no notification is required) (replaces Decision 2005/842/EC); see also Commission Communication: European Union framework for State aid in the form of public service compensation (2012) and Commission Communication on the application of the European Union State aid rules to compensation granted for the provision of SGEI (2012);
• For other cases, with the exception of transport and broadcasting: Commission framework for State aid in the form of public service compensation (2011) (notification is required);
• Transport: in particular Regulation 1370/2007/EC (see Chart C52); broadcasting: Commission Communication on the application of State aid rules to public service broadcasting (2009).