Lux Express Estonia (Judgment) French Text [2022] EUECJ C-614/20 (08 September 2022)

Lux Express Estonia (Judgment) French Text [2022] EUECJ C-614/20 (08 September 2022)

A statutory obligation imposed by a Member State requiring transport operators to provide free transport to certain categories of passengers constitutes a 'public service obligation' under Regulation (EC) No 1370/2007. The competent authority is required to compensate operators for the net financial impact of such...

Source-derived case information.

Citation
[2022] EUECJ C-614/20
Parties
Applicant: Lux Express Estonia AS; Respondent: Majandus- ja Kommunikatsiooniministeerium (Ministry of Economic Affairs and Communications, Estonia); Intervener: European Commission
Jurisdiction
European Union
Procedural Posture
Preliminary Reference (article 267 Tfeu) / Judgment on Reference
Outcome
Questions answered; national court to apply interpretation.
Legal Topics
Public Service Obligations, Compensation for Public Service Obligations, Transport Regulation, State Aid Rules, Interpretation of Regulation (ec) No 1370/2007
European Union Law Transport Law State Aid Public Service Obligations Compensation for Public Service Obligations Transport Regulation State Aid Rules Interpretation of Regulation (ec) No 1370/2007

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Lux Express Estonia AS

Applicant

Majandus- ja Kommunikatsiooniministeerium (Ministry of Economic Affairs and Communications, Estonia)

Respondent

European Commission

Intervener

Procedural Posture

Preliminary Reference (article 267 Tfeu) / Judgment on Reference

  1. 1 Whether a statutory obligation to provide free transport to certain categories of passengers constitutes a 'public service obligation' under Regulation (EC) No 1370/2007.
  2. 2 Whether Member States are obliged to compensate transport operators for costs incurred due to such obligations.
  3. 3 Whether Member States can exclude compensation by law and under what conditions.

Ratio Decidendi

A statutory obligation imposed by a Member State requiring transport operators to provide free transport to certain categories of passengers constitutes a 'public service obligation' under Regulation (EC) No 1370/2007. The competent authority is required to compensate operators for the net financial impact of such obligations, and national law cannot exclude such compensation where the Regulation applies. Compensation must be calculated objectively to avoid overcompensation, in accordance with the Regulation's principles.

Court Disposition

Questions answered; national court to apply interpretation.

Orders

  • Article 2(e) of Regulation (EC) No 1370/2007 covers statutory obligations to provide free transport to certain categories of passengers.
  • Authorities must compensate operators for the net financial impact of such obligations under Article 3(2) and Article 4(1)(b)(i) of Regulation 1370/2007.