"ARTICLE 105 TFEU" [2014] ELECD 884; in VerLoren van Themaat , Weijer; Reuder, Berend (eds), "European Competition Law" (Edward Elgar Publishing, 2014) 193

Book Title: European Competition Law

Editor(s): VerLoren van Themaat , Weijer; Reuder, Berend

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783476862

Section: Chapter 8

Section Title: ARTICLE 105 TFEU

Number of pages: 2

Extract:

8
ARTICLE 105 TFEU*

APPLICATION OF ARTS 101 AND 102 BY THE COMMISSION

1. Without prejudice to Article 104, the Commission shall ensure the
application of the principles laid down in Articles 101 and 102. On
application by a Member State or on its own initiative, and in
cooperation with the competent authorities in the Member States,
which shall give it their assistance, the Commission shall investigate
cases of suspected infringement of these principles. If it finds that there
has been an infringement, it shall propose appropriate measures to
bring it to an end.
2. If the infringement is not brought to an end, the Commission shall
record such infringement of the principles in a reasoned decision. The
Commission may publish its decision and authorise Member States to
take the measures, the conditions and details of which it shall deter-
mine, needed to remedy the situation.
3. The Commission may adopt regulations relating to the categories of
agreement in respect of which the Council has adopted a regulation or a
directive pursuant to Article 103(2)(b).

[Article 105 TFEU is a] purely procedural [provision]. 8.01
CoJ 1 July 2010 (Emanuela Sbarigia v. Azienda USL RM/A, Comune di Roma,
Assiprofar ­ Associazione Sindacale Proprietari Farmacia, Ordine dei Farmacisti
della Provincia di Roma, C-393/08), ECR 2010, p. I-06337, para. 30.

[I]n accordance with the principle of national procedural autonomy, in the absence of 8.02
European Union rules governing the matter, it is for the domestic ...