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It has been controversial for years whether transport companies were entitled to compensation for the burden of tariff obligations imposed by competent authorities. The ECJ has now granted the transport companies a claim derived from Regulation (EC) No 1370/2007. In view of the political discussions about compensation obligations in the legislative process for the Regulation, this comes as a surprise. Henceforth, however, companies will be entitled to compensation for all negative effects (less all positive effects) of maximum tariffs imposed outside public service contracts through so called general rules.

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Transport Companies Are Entitled to Compensation for Public Service Obligations Imposed by General Rules · Case C‑614/20 Lux Express Estonia · Annotation by Benjamin Linke Annotation on the Judgment of the Court (First Chamber) of 8 September 2022 in Case C‑614/20 Lux Express Estonia