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18. Insertion of Schedule 2 into Act of 1994.

The Act of 1994 is amended by inserting the following new Schedule after the Schedule:

"Section 6A(2).

Schedule 2 Community Framework for State and in the form of Public Service Compesation (2005/C 297/04)

1. Purpose and Scope

1. It is apparent from the case-law of the Court of Justice of the European Communities [Judgments in Case C-280/00 Altmark Trans GmbH and Regierungspräsidium Magdeburg v Nahverkehrsgesellschaft Altmark GmbH ('Altmark') [2003] ECR I-7747 and Joined Cases C-34/01 to C-38/01 Enirisorse SpA v Ministero delle Finanze [2003] ECR I-14243.], that public service compensation does not constitute State aid within the meaning of Article 87(1) of the EC Treaty if it fulfils certain conditions. However, if public service compensation does not meet these conditions and if the general criteria for the applicability of Article 87(1) are satisfied, such compensation constitutes State aid.

2. Commission Decision 2005/842/EC of 28 November 2005 on the application of Article 86 [O

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