INHALT

Commission Decision (EU) 2024/2864 of 24 November 2023 on SA.32179 (2014/C) – State aid measures in favour of Trenitalia SpA and FS Logistica SpA – Italy (notified under document C(2024) 7891)

COMMISSION DECISION (EU) 2024/2864
of 24 November 2023
on SA.32179 (2014/C) – State aid measures in favour of Trenitalia SpA and FS Logistica SpA – Italy
(notified under document C(2024) 7891)
(Only the English text is authentic)
(Text with EEA relevance)
1.
PROCEDURE
2.
DESCRIPTION OF THE FS GROUP AND THE CONTEXT OF THE MARKET OPENING
2.1.
The reorganisation of the FS Group
2.2.
Description of FS subsidiaries concerned by the Commission investigation
2.2.1.
RFI
2.2.2.
Trenitalia
2.2.3.
FS Logistica
2.3.
Background on the liberalisation of rail transport in the Union and in Italy
2.3.1.
In the Union
2.3.2.
In Italy
3.
DESCRIPTION OF THE MEASURES UNDER INVESTIGATION
3.1.
Description of the transfers of assets (‘the asset transfers’ or ‘the measures’)
3.2.
Description of assets transferred to Trenitalia
3.3.
Description of the assets transferred to FS Logistica
4.
GROUNDS FOR OPENING THE FORMAL INVESTIGATION PROCEDURE
4.1.
Existence of State aid
4.1.1.
State resources
4.1.2.
Economic advantage
4.1.3.
Selectivity
4.1.4.
Distortion of competition and effect on trade
4.1.5.
Preliminary conclusion
4.2.
Compatibility of aid
5.
COMMENTS FROM ITALY
5.1.
Compliance of the asset transfers with Union sectorial rules
5.2.
Absence of State aid in the transfer of assets
5.2.1.
Imputability
5.2.2.
State resources
5.2.3.
Economic advantage
5.2.3.1.
General considerations
5.2.3.2.
Studies from independent experts submitted by Italy
(1) The April 2019 PwC study concerning the transfer of assets to Trenitalia and FS Logistica
(2) The December 2019 PwC study concerning the transfer of assets to Trenitalia
(3) The E.CA study
5.2.4.
Distortion of competition
6.
COMMENTS FROM INTERESTED PARTIES
6.1.
FS
6.1.1.
Observations regarding the transfer processes
6.1.2.
Observations regarding the business rationale of the asset transfers
6.1.3.
Observations regarding compliance with EU rules
6.1.4.
Observations regarding compliance with company law and accounting rules
6.2.
Community of European Railways (CER)
6.3.
FerCargo
6.3.1.
On the asset transfers
7.
OBSERVATIONS FROM ITALY ON THIRD PARTY COMMENTS
7.1.
Observations on FerCargo’s submission
8.
ASSESSMENT OF THE MEASURES
8.1.
Existence of aid
8.1.1.1.
Applicability of the MEO test
8.1.1.1.1. Italy did not act as public authority
8.1.1.1.2. The nature and subject matter of the measures
8.1.1.1.3. The objective pursued and the context of the measures
8.1.1.1.4. Conclusion on the applicability of the MEO test
8.1.1.2.
Application of the MEO test
8.1.1.2.1. Methodological approach
8.1.1.2.2. MEO test
8.1.1.2.3. MEO test: robustness and sensitivity analyses
8.1.1.2.4. Conclusion on the application of the MEO test
8.1.1.3.
Conclusion on the existence of aid
9.
CONCLUSION
Article 1
Article 2
Article 3