Competition Law in Tourism

168 COMPETITION LAW IN TOURISM – indicating the complete address where the text and any relevant information and/or documentation related to the PSO shall be made available without delay and free of charge by the Member State concerned. If no air carrier is interested in operating the route on which the obligations have been imposed, the Member State concerned may restrict the access to the route to a single air carrier and compensate its operational losses resulting from the PSO. The selection of the operatormust bemade by public tender at the Community level in accordance with the procedure set out in Article 17 of the Regulation, and the PSO regime shall be subject to a regular control by the European Commission to verify whether the conditions are still met (Article 18). Finally, it should be recalled that the Commission, if seized by a complaint or at its own initiative, will examine this compensation in the light of the different conditions relating to the public financing of SGEI, which, as mentioned above, are described in the Altmark judgment of the Court of Justice of the EU and the regulatory package referred to as the SGEI package, which includes the 2011 SGEI Decision and the already mentioned 2011 SGEI Framework. 4.3. De minimis aid Public airports and authorities can grant de minimis aid to attract certain airlines. This aid was created by the European Commission to allow the Member States to grant limited aid amounts without the obligation of prior notification and constitutes a very flexible subsidy instrument as the objectives and conditions are not defined by the Commission but by the public entity granting the aid. Under the De minimis Regulation No. 1407/2013 of 18 December 201362, the total amount of de minimis aid granted by one Member State to one single undertaking may not exceed 200,000 € over a period of three fiscal years. The public authority/entity that grants the aid must verify whether the de minimis ceiling is respected before granting the aid. If no central register on de minimis aid exists, it must obtain a written or electronic declaration from the concerned undertaking about any other de minimis aid received in the Member State, at stake to which this Regulation or other de minimis regulations apply during the previous two fiscal years and the current fiscal year. 62 OJ L 352, 24/12/2013, pp. 1–8.

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