The EU Court of Justice revolves around the radius of Commission’s powers and discretion in establishing an infringement of article 106 TFEU read together with article 102 TFEU (Greek Lignite Case)

On 17 July 2014 the Court of Justice of the EU (‘CJEU’) rendered its decision in the Greek Lignite case, which revolves around the radius of Commission’s powers and discretion in establishing an infringement of article 106 TFEU read together with article 102 TFEU. Article 106 is the legal vehicle empowering the EU institutions to secure the effectiveness of market liberalization initiatives decided at EU level. The article, which remains inactive for quite some time, provides that 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 its decision in case C-553/12 the Court of Justice overturned the General

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  • Prentoulis Gerakini Law Partnership (Athens)

Quotation

Nancy Gerakini, The EU Court of Justice revolves around the radius of Commission’s powers and discretion in establishing an infringement of article 106 TFEU read together with article 102 TFEU (Greek Lignite Case), 17 July 2014, e-Competitions Bulletin Legal privilege, Art. N° 68707

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