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"ARTICLE 106 TFEU" [2014] ELECD 885; in VerLoren van Themaat , Weijer; Reuder, Berend (eds), "European Competition Law" (Edward Elgar Publishing, 2014) 195

Book Title: European Competition Law

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

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783476862

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.
2. Undertakings entrusted with the operation of services of general eco-
nomic interest or having the character of a revenue-producing monop-
oly 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.
3. 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).


OVERVIEW

A. ARTICLE 106(1): OBLIGATIONS OF MEMBER 2. Definition of `undertakings entrusted
STATES REGARDING PUBLIC with the operation of services of
UNDERTAKINGS 9.01 general economic interest' 9.31
1. General 9.01 3. Proportionality test 9.36
2. Examples of (prohibited) measures 9.11
C. ARTICLE 106(3) TFEU: COMMISSION
B. ARTICLE 106(2) TFEU: EXCEPTIONAL POWERS 9.46
DEROGATION FROM TREATY RULES 9.26
...