Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

"ARTICLE 105 TFEU" [2018] ELECD 15; in VerLoren van Themaat, Weijer; Reuder, Berend (eds), "European Competition Law" (Edward Elgar Publishing, 2018) 208

Book Title: European Competition Law

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

Publisher: Edward Elgar Publishing

ISBN: 9781786435460

Section: Chapter 8

Section Title: ARTICLE 105 TFEU

Number of pages: 3

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. 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 determine, needed to remedy the situation. 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].
2.
3.
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) [2010] ECR I-06337, para. 30. 8.02 [I]n accordance with the principle of national procedural autonomy, in the absence of European Union rules governing the matter, it is for the domestic legal system ...