"ARTICLE 106 TFEU" [2018] ELECD 16; in VerLoren van Themaat, Weijer; Reuder, Berend (eds), "European Competition Law" (Edward Elgar Publishing, 2018) 211

Book Title: European Competition Law

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

Publisher: Edward Elgar Publishing

ISBN: 9781786435460

Section: Chapter 9

Section Title: ARTICLE 106 TFEU

Number of pages: 21

Extract:

9 ARTICLE 106 TFEU* PUBLIC UNDERTAKINGS 1. In the case of public undertakings and undertakings to which Member States grant special or exclusive rights, Member States shall neither enact nor maintain in force any measure contrary to the rules contained in the Treaties, in particular to those rules provided for in Article 18 and Articles 101 to 109. Undertakings entrusted with the operation of services of general economic interest or having the character of a revenue-producing monopoly shall be subject to the rules contained in the Treaties, in particular to the rules on competition, in so far as the application of such rules does not obstruct the performance, in law or in fact, of the particular tasks assigned to them. The development of trade must not be affected to such an extent as would be contrary to the interests of the Union. The Commission shall ensure the application of the provisions of this Article and shall, where necessary, address appropriate directives or decisions to Member States. (TFEU 14, 37, 288; Protocol (No 26) on services of general interest).
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OVERVIEW A. ARTICLE 106(1): OBLIGATIONS OF MEMBER STATES REGARDING PUBLIC UNDERTAKINGS 9.01 1. General 9.01 2. Examples of (prohibited) measures 9.11 B. ARTICLE 106(2) TFEU: EXCEPTIONAL DEROGATION FROM TREATY RULES 1. General 2. Definition of `undertakings entrusted with the operation of services of general economic interest' 9.31 3. Proportionality test 9.36 C. ARTICLE 106(3) TFEU: COMMISSION POWERS 9.26 9.26 ...