INHALT

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