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.