Commissie verklaart Oostenrijkse overheidssteun aan Postbus verenigbaar met de gemeenschappelijke markt (en)

The European Commission decided today that the public service contract concluded between the Austrian bus company Postbus and the Verkehrsverbund Tirol, the private-law body in charge of organising public transport in the district of Lienz, contains State aid. At the same time, the Commission has found that this State aid is compatible with the common market.

The public service contract for bus services in the district of Lienz was concluded in 2002. It qualifies as State aid, since Austria has not been able to demonstrate that the cost of Postbus in discharging this public service obligation corresponds to the cost of a well-run undertaking. This is one of the criteria of the "Altmark" jurisprudence to consider that a public service contract does not involve any State aid. However, as the compensation paid for Postbus' services is proportionate to the financial burdens of the company resulting from its public service obligations, the aid is considered to be lawful[1].

Today's decision is the first decision the Commission has adopted on a public service contract for passenger transport by bus since the Altmark ruling of the European Court of Justice. Following the Altmark ruling, there had been questions regarding the relationship between the four Altmark criteria and the existing State aid legislation, in particular the existing Regulation on public passenger transport services by rail and by road.[2] Today's decision clearly sets out the interaction between the two: if the four Altmark criteria are fulfilled, there is no State aid. If one or more of the Altmark criteria are not fulfilled, the State aid contained in a public service contract is compatible with the common market, provided that it complies with the Regulation.

It is also important to point out that in the meantime, the Parliament and the Council have adopted a new Regulation[3] on public passenger transport services by rail and by road, which sets out the rules applicable to public service contracts in general and State aid contained therein in particular. The new regulation applies to public service contracts concluded as of 3 December 2009, the date of entry into force of the new Regulation.

[1] It fulfils the conditions set out in Article 14 of Council Regulation 1191/69/EEC on action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway.

[2] Council Regulation 1191/69/EEC on action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway.

[3] Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007.