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Design and Enforcement of Compensation Funds After Confetra: A Legal and Economic Analysis

In: New Business and Regulatory Strategies in the Postal Sector

Author

Listed:
  • Alessandra Fratini

    (FratiniVergano – European Lawyers)

  • Marc Chovino

    (European Commission)

Abstract

This paper looks at the design and enforcement implications for the compensation fund in the postal sector as a result of the recent ruling of the Court of Justice (“the Court”). In DHL Express (Austria), the Court gave its interpretation of the scope of the obligation to contribute to the compensation fund under Article 9 of the Postal Services Directive. The most recent Confetra case confirms along the same line of reasoning that there is, in principle, nothing to prevent a Member State from making the grant of general authorizations conditional on the obligation to contribute to the compensation fund.

Suggested Citation

  • Alessandra Fratini & Marc Chovino, 2018. "Design and Enforcement of Compensation Funds After Confetra: A Legal and Economic Analysis," Topics in Regulatory Economics and Policy, in: Pier Luigi Parcu & Timothy J. Brennan & Victor Glass (ed.), New Business and Regulatory Strategies in the Postal Sector, pages 91-104, Springer.
    • Handle: RePEc:spr:topchp:978-3-030-02937-1_8
    DOI: 10.1007/978-3-030-02937-1_8
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