public services/ALTMARK

Appropriate discharge of public services by entrepreneurs often requires public financial support. Granting of such support often entails State aid

Such aid is compatible only if relations between public authorities and entrepreneurs entrusted with the operation of public services are properly defined

Entrustment with an obligation to discharge public services often allows to:

grant aid in greater amounts than by simple application of standard intensities (i.e. regional)
grant aid without previous approval of the European Commission
finance commercially non-viable activity entrusted by the State

We advise on effective use of public service obligation concept in transport, municipal economy, construction and management of public infrastructure, also when these activities are co-financed from Structural Funds

Our advisory includes:

defining public service obligation
determining conditions which allow to exclude State aid in public services (Altmark)
defining conditions which ensure compatibility of State aid
defining conditions in public transport according to Regulation No. 1370/2007
establishing factors necessary to calculate compensation for the operation of public services
establishing procedure of settlements between public authorities and entrepreneurs entrusted with the operation of public services
de minimis aid for the operation of public services

In this field we advised on projects concerning:

bus and tram transport in major cities in Poland
acquisition of buses, trams and rolling stock
contracts concluded according to Regulation No 1370/2007
water supply and sewage systems
entrustment with management of public infrastructure