Lux Express Estonia (Opinion) French Text [2022] EUECJ C-614/20_O (10 March 2022)

Lux Express Estonia (Opinion) French Text [2022] EUECJ C-614/20_O (10 March 2022)

A national law imposing a general obligation on transport operators to provide free transport to certain categories of passengers constitutes a public service obligation under Regulation (EC) No 1370/2007, and the Regulation does not permit Member States to exclude compensation for such obligations by national law....

Source-derived case information.

Citation
[2022] EUECJ C-614/20_O
Parties
Applicant: Lux Express Estonia; Respondent: Majandus – ja Kommunikatsiooniministeerium
Jurisdiction
European Union
Procedural Posture
Preliminary Reference (opinion of Advocate General) / Opinion of Advocate General Before the Court of Justice of the European Union
Outcome
Opinion proposes that the Court answer that the obligation is a public service obligation under Regulation 1370/2007 and compensation cannot be excluded by national law; compensation must comply with the Regulation and is not State aid if calculated accordingly.
Legal Topics
Public Service Obligations, Compensation for Public Service Obligations, State Aid, Transport Regulation, Freedom to Conduct a Business, Tariff Regulation, Social Policy in Transport
European Union Law Transport Law Administrative Law Public Service Obligations Compensation for Public Service Obligations State Aid Transport Regulation Freedom to Conduct a Business +2 more

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Parties

Lux Express Estonia

Applicant

Majandus – ja Kommunikatsiooniministeerium

Respondent

Procedural Posture

Preliminary Reference (opinion of Advocate General) / Opinion of Advocate General Before the Court of Justice of the European Union

  1. 1 Whether a national law imposing free transport for certain categories of passengers constitutes a public service obligation under Regulation (EC) No 1370/2007
  2. 2 Whether Member States may exclude compensation for such obligations by national law
  3. 3 Scope of Article 3(3) of Regulation 1370/2007 regarding exclusion from the Regulation's application

Ratio Decidendi

A national law imposing a general obligation on transport operators to provide free transport to certain categories of passengers constitutes a public service obligation under Regulation (EC) No 1370/2007, and the Regulation does not permit Member States to exclude compensation for such obligations by national law. Compensation must be provided in accordance with the Regulation's provisions to avoid constituting State aid.

Court Disposition

Opinion proposes that the Court answer that the obligation is a public service obligation under Regulation 1370/2007 and compensation cannot be excluded by national law; compensation must comply with the Regulation and is not State aid if calculated accordingly.

Orders

  • Articles 2(e) and 3(2) of Regulation 1370/2007 mean a general rule imposing free transport for certain categories of passengers is a public service obligation.
  • Article 4(1)(b)(i) of Regulation 1370/2007 does not permit exclusion of compensation by national law.