"ARTICLE 16 CHARTER" [2014] ELECD 896; in VerLoren van Themaat , Weijer; Reuder, Berend (eds), "European Competition Law" (Edward Elgar Publishing, 2014) 705

Book Title: European Competition Law

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

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783476862

Section: Chapter 20

Section Title: ARTICLE 16 CHARTER

Number of pages: 2

Extract:

20
ARTICLE 16 CHARTER*

FREEDOM TO CONDUCT A BUSINESS

The freedom to conduct a business in accordance with Union law and
national laws and practices is recognised.


OVERVIEW

A. EXPLANATION RELATING TO B. GENERAL 20.01
ARTICLE 16 CHARTER (p.705)




A. EXPLANATION RELATING TO ARTICLE 16 CHARTER

This Article is based on Court of Justice case-law which has recognised freedom to
exercise an economic or commercial activity (see judgments of 14 May 1974, Case
4/73 Nold [1974] EUECJ C-4/73; [1974] ECR 491, para. 14 of the grounds, and of 27 September 1979,
Case 230­78 SpA Eridiana and others [1979] ECR 2749, paras 20 and 31 of the
grounds) and freedom of contract (see inter alia Sukkerfabriken Nykøbing judgment,
Case 151/78 [1979] ECR 1, para. 19 of the grounds, and judgment of 5 October
1999, C-240/97 Spain v. Commission [1999] ECR I-6571, para. 99 of the
grounds) and Article 119(1) and (3) of the Treaty on the Functioning of the
European Union, which recognises free competition. Of course, this right is to be
exercised with respect for Union law and national legislation. It may be subject to the
limitations provided for in Article 52(1) of the Charter.



B. GENERAL

The protection afforded by Article 16 of the Charter covers the freedom to exercise an 20.01
economic or commercial activity, the freedom of contract and free competition, as is
apparent from the explanations relating to that article, which, in accordance with the


* This ...