Court of Justice (Third Chamber) 10 September 2026, C-809/24 (Trenitalia SpA v Regione Liguria.)

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In a dispute concerning the calculation of public service compensation under a transitional rail passenger transport contract between Trenitalia SpA and the Regione Liguria, the reference for a preliminary ruling addressed whether EU law precludes an operator from waiving the inclusion of a reasonable profit where all incurred costs are fully covered and the operator bears no risk. The Court of Justice of the European Union held that Article 4(1)(b) and Article 6(1) of Regulation (EC) No 1370/2007, read alongside points 2, 5, and 6 of its annex and recitals 27 and 34, do not preclude a public service rail contract covering all incurred costs for a transitional period under which the operator waives a reasonable profit in calculating public service compensation. Consequently, competent authorities are not systematically required to include a reasonable profit, and an operator may freely and knowingly agree to waive such a return under an individually negotiated contract.AI