The European Commission announced, on Friday 24 November, that it considered that the gratuitous transfers of certain rail infrastructure assets between 2007 and 2011 between the companies of the incumbent Italian operator, the Ferrovie dello Stato group (“FS group”), complied with European law.
This announcement comes in the wake of an investigation opened by the Commission in March 2014 into the legality of public aid granted by FS group entities.
From 2000 to 2001, Italy reorganised the FS group, creating separate entities responsible for infrastructure management (Rete Ferroviaria Italiana) and train operations (including Trenitalia and FS Logistica, two subsidiaries of the FS group).
Certain rail infrastructure assets had been transferred free of charge by the infrastructure manager Rete Ferroviaria Italiana SpA to Trenitalia and FS Logistica.
Italy argued that these transactions were part of an asset reallocation under this reorganisation.
In addition, Italy had granted compensation to Trenitalia for the performance of public service obligations in the freight transport market.
The European Commission concluded that the transfer of certain railway assets between companies in the FS group did not constitute State aid within the meaning of European competition rules.
The Commission has also concluded that the compensation granted to Trenitalia for the provision of rail freight transport services complies with EU State aid rules.
However, the Commission ruled that the compensation for the provision of international rail freight services by the port of Trieste Marittima and rail freight services on certain routes linking the north and south of Italy between 4 December 2012 and 31 December 2014 is incompatible with European rules.
Italy is obliged to recover the incompatible aid and the related interest. (Original version in French by Émilie Vanderhulst)