2011/501/EU: Commission Decision of 23 February 2011 on State aid C 58/06 (ex NN ... (32011D0501)
2011/501/EU: Commission Decision of 23 February 2011 on State aid C 58/06 (ex NN 98/05) implemented by Germany for Bahnen der Stadt Monheim (BSM) and Rheinische Bahngesellschaft (RBG) in the Verkehrsverbund Rhein-Ruhr (notified under document C(2011) 632) Text with EEA relevance
- COMMISSION DECISION
- of 23 February 2011
- on State aid C 58/06 (ex NN 98/05) implemented by Germany for Bahnen der Stadt Monheim (BSM) and Rheinische Bahngesellschaft (RBG) in the Verkehrsverbund Rhein-Ruhr
- (notified under document C(2011) 632)
- (Only the German text is authentic)
- (Text with EEA relevance)
- (2011/501/EU)
- 1.
- PROCEDURE
- 2.
- THE PARTIES
- 3.
- DETAILED DESCRIPTION OF THE MEASURE
- 3.1.
- TITLE, BUDGET, DURATION
- 3.2.
- RECIPIENTS AND OBJECTIVE
- 4.
- GROUNDS FOR OPENING THE PROCEDURE
- 4.1.
- SCOPE OF THE PROCEDURE
- 4.2.
- THE NEW FINANCING SYSTEM
- 4.2.1. THE FINANCING OF RBG AND BSM BY VRR
- 4.2.2. THE FINANCING OF RBG AND BSM THROUGH CROSS-SUBSIDISATION
- 4.3.
- DOUBTS EXPRESSED BY THE COMMISSION AS REGARDS COMPENSATION PAYMENTS TO RBG AND BSM BASED ON THE NEW FINANCING SYSTEM
- 4.3.1. EXISTENCE OF AID
- 4.3.2. COMPATIBILITY OF THE AID WITH THE INTERNAL MARKET
- 5.
- COMMENTS FROM GERMANY
- (19)
- 5.1.
- SCOPE OF THE PROCEDURE
- 5.2.
- THE NEW FINANCING SYSTEM APPLYING FROM 2006 ONWARDS
- 5.3.
- DEFINITION OF THE PUBLIC SERVICE OBLIGATIONS (FIRST ALTMARK CRITERION)
- 5.3.1. ACT OF ENTRUSTMENT
- 5.3.2. COST CATEGORY 1: INFRASTRUCTURE PROVISION
- 5.3.3. COST CATEGORY 2: MANAGEMENT AND MARKETING TASKS IMPOSED BY VRR OR THE COMPETENT LOCAL AUTHORITY
- 5.3.4. COST CATEGORY 3: VEHICLE QUALITY STANDARDS IMPOSED BY VRR OR THE COMPETENT LOCAL AUTHORITY
- 5.3.5. COST CATEGORY 4: ADDITIONAL TRANSPORT SERVICES OR OTHER SERVICES IN CONNECTION WITH OPERATION IMPOSED BY VRR OR THE COMPETENT LOCAL AUTHORITY
- 5.4.
- PARAMETERS ON THE BASIS OF WHICH THE COMPENSATION IS CALCULATED (SECOND ALTMARK CRITERION)
- 5.5.
- NO OVERCOMPENSATION (THIRD ALTMARK CRITERION)
- 5.6.
- TYPICAL UNDERTAKING, WELL RUN AND ADEQUATELY PROVIDED WITH MEANS OF TRANSPORT (FOURTH ALTMARK CRITERION)
- 5.7.
- DISTORTION OF COMPETITION AND EFFECT ON TRADE BETWEEN MEMBER STATES
- 5.8.
- COMPATIBILITY OF THE AID WITH THE INTERNAL MARKET
- 5.9.
- COMPATIBILITY OF THE AID ON THE BASIS OF REGULATION (EC) No 1370/2007
- 6.
- COMMENTS FROM THIRD PARTIES
- 7.
- COMMENTS FROM GERMANY ON THE THIRD PARTY’S COMMENTS
- 8.
- SCOPE OF THE PROCEDURE AND OF THE FINAL DECISION
- 9.
- EXISTENCE OF STATE AID
- 9.1.
- STATE RESOURCES AND IMPUTABILITY TO THE STATE
- 9.2.
- SELECTIVE ECONOMIC ADVANTAGE
- 9.2.1. THE RECIPIENT UNDERTAKING IS ACTUALLY REQUIRED TO DISCHARGE CLEARLY DEFINED PUBLIC SERVICE OBLIGATIONS
- 9.2.2. THE PARAMETERS ON WHICH THE COMPENSATION IS CALCULATED HAVE BEEN ESTABLISHED BEFOREHAND IN AN OBJECTIVE AND TRANSPARENT MANNER
- 9.2.3. NO OVERCOMPENSATION
- 9.2.4. TYPICAL UNDERTAKING, WELL RUN AND ADEQUATELY PROVIDED WITH MEANS OF TRANSPORT
- 9.2.5. CONCLUSION
- 9.3.
- DISTORTION OF COMPETITION
- 9.4.
- EFFECT ON TRADE BETWEEN MEMBER STATES
- 9.5.
- CONCLUSION
- 10.
- COMPATIBILITY OF THE AID WITH THE INTERNAL MARKET
- 10.1.
- COMPATIBILITY OF THE AID WITH THE INTERNAL MARKET ON THE BASIS OF REGULATION (EC) No 1370/2007
- 11.
- CONCLUSION
- Article 1
- Article 2
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