2009/845/EC: Commission Decision of 26 November 2008 on State aid granted by Aust... (32009D0845)
2009/845/EC: Commission Decision of 26 November 2008 on State aid granted by Austria to the company Postbus in the Lienz district C 16/07 (ex NN 55/06) (notified under document C(2008) 7034) (Text with EEA relevance)
- COMMISSION DECISION
- of 26 November 2008
- on State aid granted by Austria to the company
- Postbus
- in the
- Lienz
- district C 16/07 (ex NN 55/06)
- (notified under document C(2008) 7034)
- (Only the German text is authentic)
- (Text with EEA relevance)
- (2009/845/EC)
- 1.
- PROCEDURE
- 2.
- DETAILED DESCRIPTION OF THE AID
- 2.1.
- Measure under investigation
- 2.1.1.
- Background
- 2.1.2.
- Detailed description of the public service contract under investigation
- 2.1.3.
- Historical development of the Austrian system
- 2.1.4.
- Justification of the price provided for in the public service contract
- 2.2.
- Initial assessment by the Commission
- 3.
- COMMENTS FROM AUSTRIA
- 3.1.
- Application of the second Altmark criterion in the present case
- 3.2.
- Application of the third and the fourth Altmark criteria in the present case, in particular methods to verify costs and avoid overcompensation
- 3.2.1.
- Check of costs per cost item
- 3.2.1.1.
- Personnel costs
- 3.2.1.2.
- Costs for fuel and maintenance
- 3.2.1.3.
- Costs for the purchase and depreciation of vehicles
- 3.2.1.4.
- Administrative costs
- 3.2.2.
- Check of costs according to the different cost categories
- 3.2.2.1.
- Driver costs
- 3.2.2.2.
- Personnel costs
- 3.2.2.3.
- Vehicle costs
- 3.2.2.4.
- Fuel costs
- 3.2.2.5.
- Tyre costs
- 3.2.2.6.
- Other costs
- 3.2.2.7.
- Administrative costs
- 3.2.3.
- Austria’s conclusion on the third and fourth Altmark criteria
- 3.3.
- Compatibility of the public service contract with Regulation (EEC) No 1191/69
- 4.
- LEGAL ASSESSMENT
- 4.1.
- Existence of aid
- 4.1.1.
- Recipient undertaking actually required to discharge clearly defined public service obligations
- 4.1.2.
- Parameters on the basis of which the compensation is calculated established beforehand in an objective and transparent manner
- 4.1.3.
- No overcompensation
- 4.1.4.
- Price corresponding to the cost in an average undertaking that is well-managed and adequately furnished with means of transport
- 4.1.4.1.
- Costs in an average undertaking
- 4.1.4.2.
- Costs in a well-managed undertaking
- 4.1.4.3.
- Conclusion as regards compliance with the Altmark criteria
- 4.1.5.
- Distortion of competition and effects on trade
- 4.1.6.
- Conclusion
- 4.2.
- Compatibility of the aid
- 4.2.1.
- The Altmark case law on the applicability of Article 73
- 4.2.2.
- Compatibility on the basis of Regulation (EEC) No 1191/69
- 4.2.2.1.
- Scope of Regulation (EEC) No 1191/69
- 4.2.2.2.
- The scheme chosen by Austria
- 4.2.2.3.
- Application of Section V of Regulation (EEC) No 1191/69
- 4.3.
- No exceptions to notification obligation
- 5.
- CONCLUSION
- Article 1
- Article 2
- Article 3
Feedback