Judgment_paragraph 91 · Regione autonoma della Sardegna v European Commission (T-219/14)

91Thus, for the purpose of classification as State aid, Article 107(1) TFEU presupposes in particular that there is an advantage conferred on an undertaking. As the Court Justice held in paragraph 87 of the judgment of 24 July 2003, Altmark Trans and Regierungspräsidium Magdeburg (C‑280/00, EU:C:2003:415), where a State measure must be regarded as compensation for the services provided by the recipient undertakings in order to discharge public service obligations, so that those undertakings do not enjoy a real financial advantage and the measure thus does not have the effect of putting them in a more favourable competitive position than the undertakings competing with them, such a measure is not caught by Article 107(1) TFEU (judgments of 24 July 2003, Altmark Trans and Regierungspräsidium Magdeburg, C‑280/00, EU:C:2003:415, paragraph 87, and of 22 October 2015, EasyPay and Finance Engineering, C‑185/14, EU:C:2015:716, paragraph 45).

Regione autonoma della Sardegna v European Commission (T-219/14)

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