Commission Decision (EU) 2024/2860 of 24 November 2023 on SA.32953 (2014/C) – State aid measures in favour of Trenitalia SpA – Italy (notified under document C(2023) 8017)

• CELEX: Decision (EU) 2024/2860
• Articles: 7

Article 1

The compensation granted to Trenitalia under the First Contract for the discharge of public service obligations concerning the provision of rail freight transport services does not constitute State aid as far as it concerned: (a) international rail freight transport services on the Trans-European Rail Freight Network carried out before 15 March 2003; and (b) national rail freight transport services carried out before 22 October 2003.

The compensation granted to Trenitalia under the First Contract for the discharge of public service obligations concerning the provision of rail freight transport services until 31 December 2003 constitutes State aid within the meaning of Article 107(1) TFEU as far as it concerned: (a) international rail freight transport services on the Trans-European Rail Freight Network carried out as of 15 March 2003; and (b) national rail freight transport services carried out as of 22 October 2003.

The compensation granted to Trenitalia under the Second Contract for the discharge of public service obligations concerning the provision of rail freight transport services constitutes State aid within the meaning of Article 107(1) TFEU.

The compensation granted to Trenitalia under the Third Contract for the discharge of public service obligations concerning the provision of rail freight transport services constitutes State aid within the meaning of Article 107(1) TFEU.

Article 2

The State aid granted to Trenitalia under the First Contract for the discharge of public service obligations concerning the provision of rail freight transport services qualifies as existing aid as far as it concerned national rail freight transport services carried out between 22 October 2003 and 31 December 2003. The State aid granted to Trenitalia under the First Contract for the discharge of public service obligations concerning the provision of rail freight transport services qualifies as new aid as far as it concerned international rail freight transport services on the Trans-European Rail Freight Network carried out between 15 March 2003 and 31 December 2003.

The State aid granted to Trenitalia under the Second Contract for the discharge of public service obligations concerning the provision of rail freight transport services qualifies as new aid.

The State aid granted to Trenitalia under the Third Contract for the discharge of public service obligations concerning the provision of rail freight transport services qualifies as new aid.

Article 3

The State aid paid to Trenitalia under the First Contract for the discharge of public service obligations concerning the provision of international rail freight transport services between the Italian port of Trieste and Hungary is compatible with the internal market. The State aid paid to Trenitalia under the First Contract for the discharge of public service obligations concerning the provision of international rail freight transport services through the port of Trieste Marittima was unlawfully put into effect in breach of Article 108(3) TFEU and is incompatible with the internal market.

The State aid paid to Trenitalia under the Second Contract for the discharge of public service obligations concerning the provision of rail freight transport services is compatible with the internal market, with the exception of the State aid paid to Trenitalia for the discharge of public service obligations concerning the provision of international rail freight transport services through the port of Trieste Marittima, which was unlawfully put into effect in breach of Article 108(3) TFEU and is incompatible with the internal market.

The State aid paid to Trenitalia under Third Contract for the discharge of public service obligations concerning the provision of rail freight transport services is lawful as regards the aid paid until 3 December 2012, whereas it was unlawfully put into effect in breach of Article 108(3) TFEU as regards the aid paid after 3 December 2012. The State aid paid to Trenitalia under Third Contract is compatible with the internal market, with the exception of the State aid paid after 3 December 2012 with regard to services on the following 14 region/region connections (including all linked Northern Italy/Northern Italy connections): Abruzzo/Abruzzo; Calabria/Calabria; Campania/Campania; Apulia/Apulia; Abruzzo/Molise; Abruzzo/Apulia; Basilicata/Apulia; Calabria/Campania; Molise/Apulia; Molise/Northern Italy; Apulia/Northern Italy; Campania/Northern Italy; Basilicata/Northern Italy; Abruzzo/Northern Italy, which is incompatible with the internal market.

Article 4

Italy shall recover the incompatible aid referred to in Article 3 from Trenitalia or, in the impossibility to recover such aid from Trenitalia, from Trenitalia’s successor, Mercitalia Rail.

The sums to be recovered shall bear interest from the date on which they were put at the disposal of the beneficiary until their actual recovery.

The interest shall be calculated on a compound basis in accordance with Chapter V of Commission Regulation (EC) No 794/2004  ( 299 ) and to Commission Regulation (EC) No 271/2008  ( 300 ) amending Regulation (EC) No 794/2004.

Article 5

Recovery of the incompatible aid referred to in Article 3 shall be immediate and effective.

Italy shall ensure that this decision is implemented within four months following the date of notification of this Decision.

Article 6

Within two months following notification of this Decision, Italy shall submit the following information:

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the total amount of aid received by the beneficiary;

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the total amount (principal and recovery interests) to be recovered from the beneficiary;

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a detailed description of the measures already taken and planned to comply with this Decision;

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documents demonstrating that the beneficiary has been ordered to repay the aid.

Italy shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid referred to in Article 3 has been completed. It shall immediately submit, on simple request by the Commission, information on the measures already taken and planned to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and recovery interest already recovered from the beneficiary.

Article 7

This Decision is addressed to the Italian Republic.

The Commission may publish the amounts of aid and recovery interest recovered in application of this Decision, without prejudice to Article 30 of Council Regulation (EU) 2015/1589  ( 301 ) .