(204) As regards the routes where other operators also offer services (Lines A2, and A4), the Commission considers that there are major differences concerning the regularity of the services offered. Moby/Toremar sails those routes throughout the year continuously, whereas all the other operators mentioned above in the table (i.e. Blu Navy, Elba Ferries and Maregiglio) do not offer this continuous service all year round (in the case of Blu Navy and Elba Ferries) nor do they do so at the same level of frequency as Moby/Toremar. For example, Blu Navy started sailing in 2010 between April and November. Then in 2012 it sailed all year round with an average of 5 sailings and in 2013 it returned to its initial schedule of sailing only during March and October. Maregiglio sails the Line A4 all year round, nevertheless with a reduced number of sailings compared to Moby/Toremar. In particular, during the period January to February and November to December, Maregiglio does not sail every day, with the monthly sailings varying between 20 and 30. As a result, without the service of Moby/Toremar on those particular routes, the need for regular and frequent connectivity of those islands with the mainland all year round would be materially jeopardised, as both Blu Navy and Elba Ferries could not have provided the service under the same conditions as Moby/Toremar over the whole contract period.

(205) Particularly as regards the service operated by Moby (as a competitor to Moby/Toremar) on Line A2, the Commission notes that Moby sails regularly throughout the year as well as frequently on a daily basis (e.g. from 5 sailings during the winter period to 17 sailings during the summer period), performing thus a very similar service to that of Moby/Toremar.

(206) Nevertheless, Italy has provided information showing that the continuation of the public service by Moby/Toremar was necessary and responded to a real public service need and that this public need for maritime connectivity could not be met by Moby alone.

(1) First, the timetable of Moby/Toremar had been adjusted in the context of the new public service contract in order to ensure intermodal transportation, notably a better integration of maritime services with the railway services offered at the Piombino and Campiglia Marittima railway stations;

(2) Second, Italy has demonstrated that the existence of an operator entrusted with public service obligations would enable effective maritime service continuity throughout the winter period and reduce substantially and at the interest of the general population, the waiting time at the dock by almost one hour and a half (e.g. from three hours in Piombino in the absence of Toremar to one hour and a half in the case of both Toremar and Moby);

(3) Third, on the basis of the public service contract Moby/Toremar performs an additional daily all year round evening sailing within the time span between 30 minutes after its last (at the time of entrustment) sail and 00.30 am (see recital (258)). Moby/Toremar thus runs the last time slot daily on Line A2 (22.00 pm or 22.30 pm depending on day and month). The timetables assessed also show that Moby/Toremar has the first sailing from Portoferraio to the mainland. Therefore, the vessels of Moby/Toremar dock in the island port at night, with higher costs, to provide the very first connection in the morning for residents commuting for either education or work and to ensure connections in case of medical emergencies;

(4) Fourth, it has been submitted that Moby alone could not be in a position to satisfy the high volume of passengers in need of transportation between Piombino and Portoferraio and

vice versa

. Although, much higher volume of passengers is evidently transported during the summer months, the figures observed in the first 3 months of 2012 (i.e. during the low season) indicate that there has been a constant presence of passengers on board for either vessel (Moby/Toremar or Moby) that needed to commute in both directions for work, study or other personal purposes.