Arriva Italia and Others (Competition - Abstract) French Text [2019] EUECJ C-385/18 (19 December 2019)

Arriva Italia and Others (Competition - Abstract) French Text [2019] EUECJ C-385/18 (19 December 2019)

Measures adopted by a Member State to maintain a public railway company in difficulty fall under EU state aid rules; the allocation of financial aid and transfer of capital without consideration may constitute state aid requiring prior notification, subject to verification by the referring court.

Source-derived case information.

Citation
[2019] EUECJ C-385/18
Parties
Applicant: Arriva Italia Srl et autres; Respondent: Ministero delle Infrastrutture e dei Trasporti
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Judgment
Outcome
Preliminary ruling clarifying the application of EU state aid rules to the measures; referring court must verify and draw consequences of any violation, including restitution of illegal aid.
Legal Topics
State Aid to Public Railway Companies, Notification Obligations Under EU Law, Investor Private Criterion, Equality of Treatment Between Public and Private Enterprises
Competition Law State Aid European Union Law State Aid to Public Railway Companies Notification Obligations Under EU Law Investor Private Criterion Equality of Treatment Between Public and Private Enterprises

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Parties

Arriva Italia Srl et autres

Applicant

Ministero delle Infrastrutture e dei Trasporti

Respondent

Procedural Posture

Preliminary Reference / Judgment

  1. 1 Whether state measures to support a public railway company in difficulty constitute state aid under Article 107(1) TFEU
  2. 2 Whether the transfer of capital without financial consideration constitutes an advantage and state aid
  3. 3 Obligation of prior notification to the Commission under Article 108(3) TFEU

Ratio Decidendi

Measures adopted by a Member State to maintain a public railway company in difficulty fall under EU state aid rules; the allocation of financial aid and transfer of capital without consideration may constitute state aid requiring prior notification, subject to verification by the referring court.

Court Disposition

Preliminary ruling clarifying the application of EU state aid rules to the measures; referring court must verify and draw consequences of any violation, including restitution of illegal aid.

Orders

  • Referring court must verify whether measures constitute state aid and, if so, order restitution for lack of prior notification.