La Continuità territoriale marittima della Sardegna nell'Unione europea

This thesis assesses the current EU regulatory framework to be followed by Member States when imposing and financing public service obligations in maritime cabotage to, from and between islands. The liberalisation of maritime transport services (Regulation (EEC) N. 3577/1992) has allowed EU countries to impose public service obligations or conclude public service contracts in order to maintain adequate island cabotage. Compensations for the costs of providing public service must comply with EU State aid rules as interpreted by the Court of Justice (The Altmark criteria) and by the Commission in its package of rules on services of general economic interest (The Almunia package). Drawing on examples from Spain, the United Kingdom (Scotland) and France, the research addresses the issue of providing regular maritime transport services between mainland Italy and Sardinia. The privatisation of the former State-owned maritime holding Tirrenia and its subsidiary undertakings was not accompanied by a comprehensive national regulation, leaving room for uncertainty and triggering a formal investigation procedure by the Commission. Meanwhile, public support granted by the Region of Sardinia to the maritime company Saremar was found incompatible with EU State aid rules. Taking account of the most recent legislative proposals, the study discusses the major questions to be dealt with to achieve an effective maritime territorial continuity.