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Case C-390/22: Request for a preliminary ruling from the Okrazhen sad Burgas (Bulgaria) lodged on 14 June 2022 — Obshtina Pomorie v ‘Anhialo auto’ OOD
ECLI:EU:UNKNOWN:62022CN0390
62022CN0390
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Valentina R., lawyer
5.9.2022
Official Journal of the European Union
C 340/20
(Case C-390/22)
(2022/C 340/25)
Language of the case: Bulgarian
Referring court
Parties to the main proceedings
Appellant: Obshtina Pomorie
Respondent: ‘Anhialo auto’ OOD
Questions referred
1.Do the provisions of Regulation (EC) No 1370/2007 (1) permit a Member State to introduce, by way of national legislation or internal rules, additional requirements and restrictions in relation to the payment of compensation to a transport undertaking for the discharge of a public service obligation which are not provided for in that regulation?
2.Does Article 4(1)(b)(i) of Regulation (EC) No 1370/2007 permit the payment of compensation to the transport undertaking for the discharge of a public service obligation where the parameters on the basis of which the compensation is to be calculated were not established in advance in a public service contract, but in general rules, and the net financial effect or the amount of compensation due was determined in accordance with the mechanism provided for in Regulation (EC) No 1370/2007?
Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 (OJ 2007 L 315, p. 1).