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Daman

  • Daman
    Daman
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    # POSTGRADUATE DIPLOMA/MASTERS IN EU COMPETITION LAW 2018/2019 ### MODULE 1 – UNIT 4 #### Article 106 --- ## AUTHOR Leo Flynn Visiting Professor King’s College London Legal Adviser, Legal Service European Commission Brussels --- ## CONTENTS 1. **INTRODUCTION** 1.1 General 1.2 The Place of Article 106 TFEU Within the Treaties 1.3 Application of Article 106 TFEU 1.4 Further Reading 2. **ARTICLE 106(1) TFEU – BASIC CONCEPTS AND DEFINITIONS** 2.1 General 2.2 “Public Undertakings” 2.3 “Special or Exclusive Rights” 3. **ARTICLE 106(2) TFEU – BASIC TERMS AND DEFINITIONS** 3.1 Introduction 3.2 “Services of General Economic Interest” 3.3 “Undertakings Having the Character of a Revenue-Producing Monopoly” 4. **ARTICLE 106(3) TFEU** 4.1 Introduction 4.2 Relationship with Other Legislative and Supervisory Legal Bases 4.3 Directives Issued Under Article 106(3) TFEU 5. **APPLICATION OF ARTICLE 106(1) TFEU** 5.1 Introduction 5.2 Definition of “Measures” 5.3 When are Measures Contrary to Article 106(1) TFEU? 6. **JUSTIFYING BREACHES OF ARTICLE 106(1) TFEU AND THE APPLICATION OF ARTICLE 106(2) TFEU** 6.1 Introduction 6.2 Justifying Breaches of Article 106(1) TFEU and the Free Circulation Rules 7. **DIRECT EFFECT AND THE RIGHT TO INVOKE ARTICLE 106 TFEU** 7.1 Introduction 7.2 Direct Effect of Article 106(1) TFEU --- ## 1. INTRODUCTION ### 1.1 General Article 106 of the Treaty on the Functioning of the European Union (TFEU) allows the Commission to take action against Member States that grant special or exclusive rights to undertakings which undermine the Treaty rules. --- ### 1.2 The Place of Article 106 TFEU Within the Treaties Article 106 TFEU is found within the competition chapter of the TFEU but enforces broader rules of EU law related to competition, loyalty, non-discrimination, and public services. --- ## 2. ARTICLE 106(1) TFEU – BASIC CONCEPTS AND DEFINITIONS ### 2.1 General Article 106(1) TFEU is directed at Member States, requiring them to not enact any measures contrary to the rules contained in the Treaty. ### 2.2 “Public Undertakings” Article 106(1) TFEU focuses on entities where the State has significant influence. --- ## 3. ARTICLE 106(2) TFEU – BASIC TERMS AND DEFINITIONS ### 3.1 Introduction Article 106(2) allows for certain restrictions of competition if they are necessary for the service of general economic interest. --- ## 4. ARTICLE 106(3) TFEU ### 4.1 Introduction The Commission has supervisory powers under Article 106(3) TFEU to ensure compliance. --- ## 5. APPLICATION OF ARTICLE 106(1) TFEU ### 5.1 Introduction The application of Article 106(1) has seen an increased reliance on its provisions in recent European Court of Justice case law. --- ## 6. JUSTIFYING BREACHES OF ARTICLE 106(1) TFEU AND THE APPLICATION OF ARTICLE 106(2) TFEU ### 6.1 Introduction Different rules that have been violated may provide justification for breaches of Article 106(1). --- ## 7. DIRECT EFFECT AND THE RIGHT TO INVOKE ARTICLE 106 TFEU ### 7.1 Introduction Article 106(1) has direct effect in conjunction with provisions that are also directly effective. --- © Copyright Leo Flynn, 2018. All rights reserved. No part of this document may be reproduced without permission.

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