University of Paris I Panthéon-Sorbonne

Stéphane Rodrigues

University of Paris I Panthéon-Sorbonne, Lallemand & Legros (Brussels)
Senior Lecturer & Lawyer

Stéphane Rodrigues is lawyer, member of the Paris Bar, established to the Brussels’ Bar, Partner, Lallemand, Legros & Associés (Brussels’ Law firm)(since 2003). Stéphane is also Senior Lecturer in Public and Community Law (University Paris I, Panthéon-Sorbonne). Stéphane has a Ph.D. in Public Community Law, University Paris I (1999, « Public service utilities and EC Law »). Stéphane has widely published, and among others : « La nouvelle régulation des services publics en Europe : énergie, postes, télécommunications et transports », éditions Lavoisier-Tec&Doc, Paris, 2000 - « Les services d’intérêt économique général et l’Union européenne », co-editor with Jean-Victor Louis, Bruylant, Brussels, 2006.H is a member of the Editorial Committee of « Cahiers de droit européen », Bruylant, Brussels, and former Member of the TEPSA Executive Board (Trans-European Policy Studies Association, Brussels, 1999-2005). Stéphane speaks French, English, Spanish/Portuguese.

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Articles

468 Bulletin

527567 Review

Stéphane Rodrigues Market Definition in EU Competition Law, Miguel SOUSA FERRO

427

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues Antitrust between EU Law and national law / Antitrust fra Diritto Nazionale e Diritto dell’Unione Europea, XIII Conference / XIII Convegno, Enrico Adriano RAFFAELLI (dir.)

116

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues Transparency in EU Procurements: Disclosure Within Public Procurements and During Contract Execution, Kirsi-Maria HALONEN, Roberto CARANTA and Albert SANCHEZ-GRAELLS (dir.)

164

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues Aides d’État, Marianne DONY

207

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues Le low cost, Emmanuel COMBE

217

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues Air transport: The Court of Justice of the European Union rules that the two European compensation regimes in case of annulment of a flight forming part of a package tour are not cumulative (Aegean Airlines)

254

Reference for a preliminary ruling by a Netherlands court in a dispute between the applicants and the air transport company Aegean Airlines concerning the reimbursement of airline tickets which they sought following the cancellation of a flight forming part of a package tour, the Court of (...)

Stéphane Rodrigues Social economy: The European Economic and Social Committee adopts two stimulating own-initiative opinions pleading, first, for “an appropriate European legal framework for social economy enterprises’, and, secondly, for “better implementation of the Social Pillar, promoting essential services”

142

At its plenary session of 19 June 2019, the European Economic and Social Committee (EESC) adopted two particularly interesting own-initiative opinions, both of which contribute in some way) to the reflection on the concept of the social market economy referred to in Article 3(3) of the Treaty (...)

Stéphane Rodrigues Air transport: The European Parliament and the Council adopt on 17 April 2019 Regulation (EU) 2019/712 on safeguarding competition in air transport, laying down rules on the conduct of investigations by the Commission and redressive measures, relating to practices distorting competition between Union air carriers and third-country air carriers and causing, or threatening to cause, injury to Union air carriers

354

"In a context of increased competition between air transport players on a global scale, fair competition is an indispensable general principle for the operation of international air transport services". This is part of the reasoning behind Regulation (EU) 2019/712 , adopted on 17 April 2019 by (...)

Stéphane Rodrigues Public service: The Court of Justice of the European Union rules on a procedure of (re)privatization in a way to preserve the useful effect of a system of public service obligations (Associação Peço a Palavra)

492

The judgment delivered by the Court of Justice of the European Union on 27 February 2019 in Case C-563/17, Associação Peço a Palavra and Others, is a preliminary ruling by the Supreme Administrative Court of Portugal on the conditions set out in the specifications of the procedure for the (...)

Stéphane Rodrigues L’Europe au présent ! Liber amicorum Melchior Wathelet

257

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues Mélanges en l’honneur du Professeur Claude Witz

138

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues L’ordre public économique, Aurore LAGET-ANNAMAYER (dir.)

353

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues Le droit des concentrations économiques, Mathieu LE COQ

314

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues European Competition Law, Louis VOGEL

188

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues Competition Law, Richard WHISH, David BAILEY

1349

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues Dictionnaire européen de la concurrence, Mattia MELLONI

256

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues Services of general economic interest: The Court of Justice of the European Union provides details on the enforcement of the Services directive of 2006 to the Hungarian national monopoly of mobile payment services (Nemzeti Mobilfizetési)

523

The European dispute concerning the Services Directive (Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market, OJ 2006 L 376, p. 1) has been brought before the Court of Justice of the European Communities. 36) is becoming (...)

Stéphane Rodrigues Action for damages: The European Commission publishes a special report on rights of European air passengers and recommends to improve the compensation regime (Passengers’ rights)

119

The European Court of Auditors adopted on 3 October 2018 a special report entitled "EU passengers enjoy extensive rights but struggle to enforce them". While recognising that the European Union is committed to passenger rights, the Court of Auditors considers that many challenges remain in (...)

Stéphane Rodrigues Le LAMY: Droit économique, Muriel CHAGNY

863

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues La protection des droits fondamentaux en matière de concurrence dans le droit de l’Union européenne: Quelques éléments de réflexion, Krystyna KOWALIK-BANCZYK

312

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues Air transport: The European Parliament and the Council of the European Union adopt on July 4th, 2018 laying down common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency (Regulation (EU) 2018/1139)

183

The new regulation is part of the Commission’s 2015 strategy to strengthen the competitiveness of the EU aviation sector. It adapts the existing provisions to the latest technological developments (such as new rules for registering and recording unmanned aircraft such as UAVs) and to new (...)

Stéphane Rodrigues Proportionality test: The European Parliament and the Council of the European Union adopt on 28 June 2018 directive (EU) 2018/958 laying down rules on a common framework for conducting proportionality test before introducing new, or amending existing, national provisions restricting access to, or the pursuit of, regulated professions (Directive (EU) 2018/958)

345

Following a Commission proposal of January 2017 (see this column, in ConcurrencesNo. 2-2017, pp. 187-188.), the European Parliament and the Council of the European Union adopted on 28 June 2018 Directive (EU) 2018/958 on a proportionality check prior to the adoption of new regulation of (...)

Stéphane Rodrigues Mélanges en l’honneur du Professeur Gérard Marcou

310

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues European Business Law, Louis VOGEL

235

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues European State Aid Law, Louis VOGEL

193

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues Droit de la distribution, Didier FERRIER and Nicolas FERRIER

563

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues Energy: The Court of Justice of the European Union offers its interpretation on natural gas storage obligations set up by Regulation (EU) No 994/2010 of the European Parliament and of the Council of 20 October 2010 concerning measures to safeguard security of gas supply (Eni)

126

Among the four main objectives assigned to the European Union under its competence in the field of energy (cf. Article 194 of the Treaty on the Functioning of the European Union) is the security of energy supply in the Union. To this end, Regulation (EU) No 994/2010 of the European Parliament (...)

Stéphane Rodrigues Single European railway area: The European Commission adopts an implementing regulation on access to service facilities and rail-related services, in view to facilitate the establishment of a single European railway area (Access to service facilities and rail-related services)

135

At a time when the transposition of the 4th railway package is causing some upheaval in France (v. draft law for a new railway pact of 14 March 2018, aimed in particular at transposing Directive (EU) 2016/2370 of the European Parliament and of the Council of 14 December 2016 amending Directive (...)

Stéphane Rodrigues Competition Law in Finland, Sari HILTUNEN

225

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues La réforme des professions réglementées. Étude de la loi pour la croissance, l’activité et l’égalité des chances économiques, Gérard MARCOU, François BLANC, André DELION and Laurent VIDAL

191

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues Droit européen des aides d’État, Michaël KARPENSCHIF

502

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues Droit européen des concentrations, Georges VALLINDAS

206

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues Single European Sky: The European Court of Auditors publishes a report on the Single European Sky which concludes that this concept has not yet been realized mainly due to a European airspace management that remains fragmented (Special report n°18/2017)

150

Here is an institution of the European Union rarely mentioned in this Review, the Court of Auditors, which on 11 October 2017 adopted a special report (No 18/2017) on the so-called "Single European Sky" initiative, the subtitle of which summarises its main conclusion: "a cultural change, but (...)

Stéphane Rodrigues La récidive en droits de la concurrence, Ludovic BERNARDEAU

321

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues La gauche, la droite et le marché, David SPECTOR

250

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues Air transport: The Court of Justice of the European Union rules on the scope of air carriers’ obligations regarding air fares and air rates in accordance with Regulation (EC) No 1008/2008 of the European Parliament and of the Council of September 24th, 2008 on common rules for the operation of air services in the Community (Air Berlin & Co. Luftverkehrs KG)

169

According to Article 23(1) of that Regulation, passengers must be informed not only of the final price of their flight but also, at least, of the passenger fare applied and, where they are additional to that fare, of taxes, airport charges and any other charges, surcharges or fees, such as (...)

Stéphane Rodrigues Air transport: The European Commission adopts on June 8th, 2017 a ‘Open and Connected Aviation’ Package focused, on the one hand, on rules on Ownership and Control of European Union air carriers and, on the other hand, on Public Service Obligations (Aviation)

251

As part of its new aviation strategy for Europe adopted in 2015 (see IP/09/105), the European Commission has adopted a new strategy for aviation in Europe. COM(2015) 598 final of 7 December 2015), the Commission adopted on 8 June 2017 a Communication entitled "Aviation: An Open and Connected (...)

Stéphane Rodrigues EU State Aid Control - Law and Economics

1950

EU State Aid Control: Law and Economics thoroughly explores the main rationales of State aid control, the main policy concerns and the various trade-offs that underlie the rules and the decisions taken by the European Commission and the Courts. In recent years, the European Commission has (...)

Stéphane Rodrigues Competition Law in Peru

278

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Peru covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on (...)

Stéphane Rodrigues Droit européen de la concurrence, Jean-François BELLIS

264

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues Abuse of Dominance in EU Competition Law. Emerging Trends

481

Granting rebates to a customer or refusing to supply a competitor are examples of ordinary commercial practices, which become ‘abusive’ under Article 102 of the Treaty on the Functioning of the EU (TFEU) when carried out by ‘dominant’ firms. This topical book provides an up-to-date account of (...)

Stéphane Rodrigues Regulating Competition in the EU

447

Competition law in the EU includes a wide range of topics and has developed into a very comprehensive area of regulation. This book covers the broader perspective of competition law, giving an overview of a very complex domain of EU law. Through all relevant sources of primary and secondary EU (...)

Stéphane Rodrigues Airport Competition Regulation in Europe

284

Aerospace Law and Policy Series Volume 12 Airport Competition Regulation in Europe focuses on the issue of airport charges and its impact on airport competition in the EU, especially following the introduction of EU Directive 12/2009 on airport charges. Over the last thirty years, airports (...)

Stéphane Rodrigues Introduction to EU Energy Law

250

The book covers both the content of sector-specific energy regulation and the application and impact of general EU law on energy markets. As far as sector-specific energy regulation is concerned, only the most fundamental elements are examined. These include third-party access, unbundling, (...)

Stéphane Rodrigues Hong Kong Competition Law

254

This important new book provides a substantive introduction to Hong Kong competition law contained in the new Competition Ordinance as supplemented by the Competition Commission’s Guidelines. Reference is also made to the most important case law concerning competition rules in other (...)

Stéphane Rodrigues EU Competition Law - An Analytical Guide to the Leading Cases

285

This book is designed as a working tool for the study and practice of European competition law. It is an enlarged and updated fifth edition of the highly practical guide to the leading cases of European competition law. This fifth edition focuses on Article 101 TFEU, Article 102 TFEU and the (...)

Stéphane Rodrigues EU State Aids

403

EU State Aids examines in detail the substantive and procedural aspects of state aid law and policy, analysing the underlying rules in depth and how they have been applied by the commission and the courts. Main Features It is an invaluable resource to all those involved in advising or (...)

Stéphane Rodrigues Proportionnality: The European Commission presents a directive proposal imposing to Member States a proportionality test before adoption of new regulation of professions within the framework of the “Services” package adopted on Jan. 10th, 2017

214

On 10 January 2017, the Commission presented a proposal for a directive on a proportionality check prior to the adoption of new regulation of professions. As part of the strategy for the single market for goods and services adopted by the Commission in October 2015 (see COM(2015) 550 final), (...)

Stéphane Rodrigues Opening of a market : The European Parliament and the Council adopt the last legislative text called “market” of the Fourth Rail Package, further opening the sector to competition while protecting service public services

201

After its technical part in May 2016, the "market" part of the 4th railway package was finalised on 14 December 2016 with the adoption of Directive (EU) 2016/2370 and, in parallel, Regulation (EU) 2016/2338. The combination of these two texts will result in the coexistence of two competition (...)

Stéphane Rodrigues Governance of the Energy Union: The European Commission adopts its second “winter package” related to clean energy in view to implement the Energy Union and recast and/or to amend the main current legislation on the electricity internal market, to reinforce the role played by the EU Agency for the Cooperation of Energy Regulators (ACER) and to rethink regulation on the governance of the Energy Union

269

In the context of the realisation of the Energy Union, one of the ten political priorities of its President Juncker, the Commission adopted on 30 November 2016 its second "winter package" dedicated to the theme of clean energy, which follows on from three previous packages (see this chronicle (...)

Stéphane Rodrigues Global Antitrust Economics. Current Issues in Antitrust and Law & Economics, Douglas H. GINSBURG, Joshua D. WRIGHT, Nicolas CHARBIT, Elisa RAMUNDO et Duy D. PHAM (dir.)

107

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues Energy: The Court of Justice of the European Union adopts an interesting judgment for the interpretation of public service obligations, notably those related to price of supplies pursuant to Directive 2009/73/EC on the internal market in natural gas (ANODE)

260

Following a dispute between the National Association of Energy Retail Operators (ANODE), the Prime Minister, the Minister for the Economy, Industry and the Digital Economy, the Energy Regulatory Commission and ENGIE, formerly GDF Suez, concerning regulated tariffs for the sale of natural gas, (...)

Stéphane Rodrigues Propriété publique et droit de l’Union européenne

556

Interactions between European Union law and French law can be confusing when it comes to public property. Although it a priori testifies of the neutrality with which the European Union law deals with public property regulations at national scale, article 345 TFUE actually has tangible impacts (...)

Stéphane Rodrigues Jurisprudence de la CJUE 2015: Décisions et commentaires

652

The Case Law of the ECJ 2015. Decisions and commentaries brings together the decisions of the Court of Justice delivered during 2015 which were considered to be the most significant in each of the areas covered by European Union law: institutional questions, legal order, fundamental rights, (...)

Stéphane Rodrigues EU Competition Law – Volume IV: State Aid

882

This second edition of the State aid volume constitutes a state of the art description and analysis of all aspects of the State aid discipline. Above all, it sets out all the novelties of the State Aid Modernisation programme which was launched in 2012 and completed in summer 2014. The new (...)

Stéphane Rodrigues State aids: The European Commission publishes a notice on the notion of State aids insisting on the treatment of public interest and of Services of general (economic) interest pursuant to Article 107 TFEU

366

As discussed in the Regulations column in the previous issue of this journal (see R. Vuitton, in Concurrences No. 3-2016, pp. 121-122), the Commission Notice on the concept of State aid, published in the OJEU on 19 July 2016, is part of a modernisation and transparency exercise on how the (...)

Stéphane Rodrigues Dictionnaire des régulations

1040

This book is the result of coordination by the Centre de recherches sur le droit public (CRDP) of the University of Paris Ouest Nanterre La Défense, and brings together nearly sixty authors, both academics and practitioners, who report on their work, in the form of seventy-one cards classified (...)

Stéphane Rodrigues Economic Evidence in EU Competition Law

1129

The use of economic theory and economic evidence in competition cases, their appropriate interpretation, meaning, impact, usefulness, and validity are among the most challenging issues that judges and legal practitioners face in their daily decision-making. Notorious questions of, for example, (...)

Stéphane Rodrigues Jeux et paris en ligne. Vers un cadre juridique européen.

471

For more than twenty years, the Court of Justice of the European Union has had the opportunity, in landmark judgments on lotteries, casinos, games to kill, electronic or online gambling recently, to define the rules governing the legitimacy of these services under the rules of the European (...)

Stéphane Rodrigues L’action civile de concurrence

602

An easy-to-access, clear and concise thematic guide, in question and answer format, with practical advice and examples from case law, on current economic law, reproducing, in extracts, the main decisions and offering, online, their full text, to enable operators and their advisers to meet the (...)

Stéphane Rodrigues Universal service: The Court of Justice of the European Union gives some clarification about the duty for an operator of a public electronic communications network to ensure access non-geographic numbers on its network and about powers given to a national regulatory authority to impose access services using such non-geographic numbers (Polkomtel / Prezes Urzędu Komunikacji Elektronicznej)

131

Following a reference for a preliminary ruling from the Polish Supreme Court, the Court of Justice delivered a judgment on 14 April 2016 in Case C-397/14, Polkomtel, which gives it the opportunity to provide some clarification on access to so-called non-geographic numbers, i.e. mainly mobile (...)

Stéphane Rodrigues Vade-mecum des aides d’État, 2016

1171

State aid law, an essential component of competition law, is one of the legal frameworks of reference for public support policies for businesses. Regularly updated by the Legal Affairs Directorate, the "Vade-mecum on State Aid" is intended to facilitate understanding of this subject and to (...)

Stéphane Rodrigues Energy union : The European Commission adopts its “Winter Package” as a contribution to the establishment of an Energy Union, which is one of the top ten priorities of the Juncker Commission, focusing on energy security

200

With a Vice-President dedicated to its realisation (M. Maroš Šefčovič), the Energy Union project is one of the ten priorities of the Juncker Commission (see Communication of 25 February 2015 establishing a "Strategic Framework for a Resilient Energy Union with a far-sighted climate change (...)

Stéphane Rodrigues Market & Competition Authorities - Good Agency Principles

492

Market and competition authorities operate in a complex environment with conflicting stakeholder demands. Balancing the various interests of the authority and stakeholder in an objective and impartial manner is strategic to achieving the goals of the legislation imposed. In a fresh approach (...)

Stéphane Rodrigues Service of general economic interest: The Court of Justice of the European Union gives some clarification about the application of the Services directive to services of general economic interest, complying with the traditional approach striking the balance between the necessary internal market requirements and the legitimate accomplishment of missions of public interest (Hiebler / Schlagbauer)

184

Seven years after its entry into force in December 2009, Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ 2006 L 376, p. 36) (hereinafter ’Directive 2006/123’ or ’the Services Directive’) is now the subject of (...)

Stéphane Rodrigues Les engagements dans le droit français des concentrations

467

At first glance, merger law illustrates the modern role played by the State in the economy: it is no longer a question of building markets, but of controlling one or more operators in particular on a case-by-case basis. The liberal State thus makes mergers between companies subject to prior (...)

Stéphane Rodrigues 135 - Droit public de la concurrence

768

Public competition law, which today borrows as much from the rules of national law as from the provisions of European Union law, is a subject that is still under construction, the foundations, methods and components of which should be sought. While the meeting of market competition law and (...)

Stéphane Rodrigues Competition and Regulation in Electricity Markets

463

Featuring an original introduction by the editors, these carefully-selected essays explore the main issues surrounding competition and regulation in electricity markets. The industry is experiencing irresistible forces of change, driven by energy policy objectives; a reassessment of market (...)

Stéphane Rodrigues L’interrégulation

462

Inter-regulation is a set of legal procedures for organising relations between public authorities in charge of regulating, controlling or supervising one or more sectors of economic activity. It is justified by the gradual decompartmentalisation of the regulated sectors (banking, finance, (...)

Stéphane Rodrigues Market & Competition Authorities - Good Agency Principles

531

Good agency principles are those principles that independent authorities can use to transform themselves into well-governed organizations demonstrating good agency behaviour. This book establishes these good agency principles for independent agencies of all kinds, while focusing on those (...)

Stéphane Rodrigues European Public Procurement Law - The Public Sector Procurement Directive 2014/24/EU Explained through 30 Years of Case Law by the Court of Justice of the European Union

1633

European Public Procurement Law is the ultimate legal resource on public procurement law in the European Union. It combines the full text of the new Public Sector Procurement Directive 2014/24/EU with 141 relevant judgments rendered by the Court of Justice of the European Union during the (...)

Stéphane Rodrigues State-Initiated Restraints of Competition

371

States influence competition in the market in various ways. They often act themselves as market participants through state-owned enterprises. They regulate markets and specific sectors of the economy such as public utilities in particular. In some instances, market regulation explicitly aims (...)

Stéphane Rodrigues Jurisprudence de la CJUE 2014 - Décisions et commentaires

610

The collection Jurisprudence of the CJEU 2014 - Decisions and commentaries is a pioneering work, without equivalent in publication. It brings together the decisions of the Court of Justice delivered during 2014 which were considered to be the most significant in each of the areas covered by (...)

Stéphane Rodrigues The Economics of Competitive Sports

534

Competition is the very essence of professional sports, yet how do we measure it? Has the level of competition changed over time? Can organizers influence the degree of competition, for example, by changing rewards? How does the audience appreciate competition? The Economics of Competitive (...)

Stéphane Rodrigues Antitrust between EU Law and National Law / Antitrust fra diritto Nazionale e diritto dell’Unione Europea – XI Conference / XI Convegno, Enrico Adriano RAFFAELLI (dir.)

493

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues Du service public à l’obligation de service public

1609

While French law has a notion of public service obligation that contributes to the conceptualisation and identification of public service, another notion, under the same name, is now spreading in European Union law. However, the latter makes the disinterest of commercial enterprise the matrix (...)

Stéphane Rodrigues State Aid and Public Procurement in the European Union

1573

This book contains a collection of economic and legal essays written by academics and practitioners who contributed to the elective Master’s course "State Aid and Public Procurement in the European Union" at Maastricht University, as well as two conferences on State aid and public procurement (...)

Stéphane Rodrigues Droit de la distribution

752

Distribution law is placed at the intersection of economic analysis and contractual practice in the marketing of products and services. It governs the organization and implementation of trade through contracts that take into account legal and regulatory constraints, particularly those of the (...)

Stéphane Rodrigues European Competition Law

2247

The European model continues to see competition law as an instrument in the service of the State or its institutions, and this is reflected in the fact that the administrative authorities are generally competent in the first instance, that administrative repression is prevalent and that (...)

Stéphane Rodrigues French Competition Law

449

The French model continues to see competition law as an instrument in the service of the State or its institutions, and this is reflected in the fact that the administrative authorities are generally competent in the first instance, that administrative repression is prevalent and that private (...)

Stéphane Rodrigues Global Competition Law - A Practitioner’s Guide

426

As its name suggests, Global Competition Law is a Practioner’s Guide. Its aim is not to present a scientific and exhaustive table of most of the world’s competition laws, in particular, those of the European Union and its Member States, but rather to present their salient aspects by providing (...)

Stéphane Rodrigues EU - WTO : The Council of the European Union publishes the Directives for the Commission for the negotiation of a plurilateral agreement on trade in services (ATS), within the institutional framework of the World Trade Organization

305

EU Council, 10 March 215, Draft directives for the negotiation of a plurilateral agreement on trade in services - Document No 6891/13 In line with its commitments to greater transparency, particularly in international negotiations conducted on behalf of the European Union (see in this (...)

Stéphane Rodrigues L’appréhension des pratiques restrictives par les autorités françaises et européennes de la concurrence - Analyse des pratiques contractuelles abusives entre professionnels à l’épreuve du droit des pratiques anticoncurrentielles

1118

Defined for the purposes of the study as unilateral and abusive contractual behaviour in commercial relations between professionals, "restrictive practices" may be punishable under the law of anti-competitive practices (abuse of dominance and collusion). The book explains the role of the (...)

Stéphane Rodrigues Mundi et Europae civis - Liber Amicorum

1769

Among the more than forty contributions (in English, French and Dutch) in honour of Jacques Steenbergen, Professor at the Catholic University of Leuven and Director General of the Belgian Competition Authority, those dealing specifically with European competition law are: Dirk Arts and Karel (...)

Stéphane Rodrigues EU Competition Law – Volume I

663

With the adoption of Regulation 1/2003 at the end of 2002, along with Regulation 773/2004 and Regulation 794/2004 in April 2004, the procedures organizing the enforcement of EU competition law, at both the national and European level, have undergone a major transformation. In particular, these (...)

Stéphane Rodrigues European Competition Law - A Case Commentary

440

European Competition Law: A Case Commentary explains EU competition law by presenting the relevant legal provisions together with carefully selected case extracts pertaining to those provisions. The selection is based on the interpretative value of the extracts and is limited to the essentials (...)

Stéphane Rodrigues Airline industry : The Court of Justice of the European Union holds that the final price to be paid in the framework of a computerised booking system must be indicated each time the prices of air services are shown (Air Berlin Luftverkehrs)

212

CJEU, 15 Jan. 2015, Air Berlin Luftverkehrs v Bundesverband der Verbraucherzentralen und Verbraucherverbände - Verbraucherzentrale Bundesverband e. V., Case C-573/13, ECLI:EU:C:2015:11 Reference has been made to the Court of Justice of the European Communities by the Bundesgerichtshof (...)

Stéphane Rodrigues Internal energy market : The European Commission releases a communication on the progress towards completing the internal energy market and the Council of the European Union adopts conclusions urgently calling for the completion of the internal energy market

226

European Commission, 13 October 2014, Communication "Towards the completion of the internal energy market: state of play", COM(2014)634 final. Council of the EU, 9 December 2014, Conclusions "Completion of the internal energy market", Transport, Telecommunications and Energy Council meeting) (...)

Stéphane Rodrigues European State Aid Law and Policy, Conor QUIGLEY

315

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Stéphane Rodrigues Faull & Nikpay: The EU Law of Competition

446

Fully updated in this third edition, the work includes full coverage of the latest legislation, case law and guidance, giving competition lawyers a comprehensive commentary on recent developments. It includes new material on industries of growing importance in the competition field, including (...)

Stéphane Rodrigues Contentieux de l’Union européenne - Questions choisies

585

Following in particular the entry into force of the Treaty of Lisbon and the new Rules of Procedure of the Court of Justice, litigation in the European Union is constantly evolving, reflecting its importance for litigants and its major role in the development of Union law. In this respect, (...)

Stéphane Rodrigues The Evolution of China’s Anti-Monopoly Law

564

China’s Anti-Monopoly Law (AML) is one of the youngest and most influential antitrust laws in the world today. This book aims to provide a better understanding of the evolution of China’s AML to the international community, through a collection of essays from the most prominent antitrust (...)

Stéphane Rodrigues Air transport : The European Commission confirms that Eurocontrol is in charge of the performance review of the single European sky in the framework of the achievement of the internal air navigation services market

152

In the context of the realisation of the so-called "Single European Sky", to be known as the internal market for air navigation services, the framework for which is laid down in Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 (OJEU M 96 of 31 March (...)

Stéphane Rodrigues Fairness in Antitrust: Protecting the Strong from the Weak

333

What drives popular support for state-enforced competition policy? What is it about antitrust law that garners approval from both the public and courts, to the point of demonizing large firms convicted of antitrust offenses? In this book Adi Ayal argues that the populist roots of antitrust are (...)

Stéphane Rodrigues Competition and the State

300

Competition and the State analyzes the role of the state across a number of dimensions as it relates to competition law and policy across a number of dimensions. This book re-conceptualizes the interaction between competition law and government activities in light of the profound (...)

Stéphane Rodrigues Sanctions in EU Competition Law - Principles and Practice

321

In the early decades of European integration the enforcement of EU competition law was highly centralised. Virtually all enforcement actions under Articles 101 and 102 TFEU were initiated by the European Commission. More recently the enforcement of EU competition law has become less (...)

Stéphane Rodrigues Protectionnisme et droit de l’Union européenne

557

The theme of protectionism has resurfaced in the context of the economic crisis. It is adorned with all the virtues of those who describe the European Union as the vanguard of widespread and destructive free trade. On the contrary, it is brandished as a scarecrow by those who fear that the (...)

Stéphane Rodrigues Competition Law and Policy in Japan and the EU

283

This exciting new book embarks on a comparative analysis of competition law and policy in Japan and the EU. It provides a clear and carefully researched exposition of the differences between the relevant rules, systems and underlying ideas of the two jurisdictions, together with the relevant (...)

Stéphane Rodrigues Actualités en droit européen

376

What lawyer has not been confronted in practice with European law, whose implications for national law are constantly increasing? This book, coordinated by Marianne Dony, brings together the contributions of five experts on various topical issues in European law. Marianne Dony discusses the (...)

Stéphane Rodrigues SGEI : The European Economic and Social Committee recommends that the EU clarify the concept of affordability of services of general economic interest pursuant to Protocol (n°26) on Services of general interest

143

In an own-initiative opinion adopted on 21 January 2014, the European Economic and Social Committee (EESC) proposes that the European Union should clarify the concept of "affordability" of services of general economic interest (SGEI) as set out in the Protocol (No 26) on SGIs annexed to the EU (...)

Stéphane Rodrigues Stratégies d’instrumentalisation juridique et concurrence

1897

Businesses are not only subject to legal standards, they can also use them to gain an advantage over other businesses. This is particularly true of competition law, which plays a central role in contemporary business life. This book analyses from the perspective of the Law & Management (...)

Stéphane Rodrigues Joint Ventures and EU Competition Law

1883

This book examines the treatment of joint ventures (JVs) in EU Competition Law, and at the same time provides a comparison with US law. It starts with an analysis of the rather elusive concept of JV, encompassing both concentrative JVs (subject to merger control) and non-concentrative JVs. (...)

Stéphane Rodrigues Trans-european networks : The European Commission, the European Parliament and the EU Council adopt the new EU guidelines for the development of the trans-European energy and transport infrastructure for the period of 2014-2020

171

Regulation (EU) N° 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision N° 661/2010/EU (OJEU L 348, 20.12.2013, p. 1) Regulation (EU) N° 1316/2013 of the European (...)

Stéphane Rodrigues Building New Competition Law Regimes

351

This detailed book focuses on the development of competition law institutions and contains case studies that examine this against the backdrop of the debate around global convergence of competition law and the limits imposed by particular national circumstances. Five of the chapters examine (...)

Stéphane Rodrigues Droit de l’Union européenne

487

All the law faculties incorporate in their training offer courses relating to the European Union in the second and third year Bachelor’s degrees as well as in the first year Master’s degrees. Among the CRFPA’s tests, European Union law is chosen by an increasing number of candidates. The same (...)

Stéphane Rodrigues Vade-mecum des aides d’État, édition 2013

578

State aid law, an essential component of competition law, is one of the legal frameworks of reference for public support policies for businesses. Regularly updated by the Legal Affairs Directorate, the "Vade-mecum on State Aid" is intended to facilitate understanding of this subject and to (...)

Stéphane Rodrigues Code de la concurrence - Droits européen et français

631

Louis Vogel’s competition code is no longer being presented. The 3rd edition is faithful to the first two, with a collection of all the texts applicable in the field and a listing of nearly 6,000 decisions of the competent courts and bodies at national and European level (for which an index (...)

Stéphane Rodrigues Air transport: The European Commission adopts on 11h of June 2013 two legislative proposals in view of updating the legislative framework on the Single European Sky and to “accelerate” its application

135

Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 216/2008 in the field of aerodromes, air traffic management and air navigation services: COM(2013) 409 final of 11 June 2013 Proposal for a Regulation of the European Parliament and of the (...)

Stéphane Rodrigues State Aid and the European Economic Constitution

793

Recent years have seen the rise of EU State aid law as a crucial component of the European economic constitution. To date, however, the literature has neglected the contribution of this area of EU law to the internal market. This book seeks to fill this gap in our understanding of the economic (...)

Stéphane Rodrigues Tratado de Lisboa anotado e comentado

2783

The Lisbon Treaty (2007) still did not have "its" article-by-article commentary in Portuguese. This gap has now been filled, under the leadership of Professors Lopes Porto and Anastácio, who have taken up the challenge of bringing together two hundred contributors, including, in addition to (...)

Stéphane Rodrigues Single European railway: The European Commission adopts the 4th Railways Package aiming to achieve the single European railway, more than twenty years after the first liberalization directive of 1991

252

It was a hell of a train, one might say without any pun intended, that the Commission resolved to embark on the completion of the internal market in rail transport. While Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a Single European (...)

Stéphane Rodrigues Passengers’ rights: The Court of Justice adopts its first preliminary ruling on Regulation on rail passengers’ rights and obligations, giving an extensive interpretation of the obligation of the railway infrastructure manager to provide railway undertakings in real time with all information concerning train movements, including information on delays to connecting trains and on cancellations of those connecting services (Westbahn Management/ÖBB-Infrastruktur)

186

While the case law on air passengers’ rights continues to develop (see, most recently, the two judgments handed down by the Court on 22 November 2012 in cases C-410/11, Sánchez and Others v Iberia, and C-139/11, Cuadrench Moré v KLM), and new EU rules entered into force on 31 December 2012 on (...)

Stéphane Rodrigues Internal energy market: The European Commission adopts a communication on “making the internal energy market work”, in which it insists on implementing internal market law and enforcing competition rules; improving consumer empowerment and support; making EU Energy Systems fit for the future and ensuring appropriate State interventions

183

It will not be said that the Commission has not multiplied the incantations and recommendations to complete the internal market in electricity and gas. The Communication it adopted on 15 November 2012 confirms this under the title "For a well-functioning internal energy market" (COM(2012)663 (...)

Stéphane Rodrigues Politique fiscale

343

Is there an EU tax policy? Can there be such a policy, and if so, what does it look like? These are the questions this book tries to answer. The assumption is that, assuming it exists, a Union tax policy cannot resemble its national counterparts, for the simple reason that the Union does not (...)

Stéphane Rodrigues Services directive: The European Commission publishes a Communication on the implementation of the Services Directive: “a partnership for new growth in services 2012-2015”

159

On 8 June 2012, the Commission adopted a Communication on the implementation of the 2006 Services Directive, entitled "A Partnership for New Growth in Services 2012-2015". Recalling that the Directive covers services generating more than 45% of EU GDP, the Commission first insists on a policy (...)

Stéphane Rodrigues External public procurement: The European Commission adopts a Proposal for a regulation of the European Parliament and of the Council on the access of third-country goods and services to the Union’s internal market in public procurement and procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries

244

Proposal for a Regulation of the European Parliament and of the Council on the access of third-country goods and services to the Union’s internal market in public procurement and procedures supporting negotiations on access of Union goods and services to On 21 March 2012, the Commission (...)

Stéphane Rodrigues Vade-Mecum Aides d’État

397

State aid law is one of the areas of specialisation of academics specialising in Community law, and scholarly works are devoted to it. This Vademecum is not intended to compete with them. This practical manual, developed within the Bercy Legal Affairs Directorate by practitioners of (...)

Aurore Laget-Annamayer, Stéphane Rodrigues Report - Monitoring development of the rail market: The European Commission adopts its third report on monitoring development of the rail market. The main conclusions are that whereas the opening-up of the market gathered pace in the rail freight sector during the crisis, albeit at a varying speed from one Member State to the next. In addition, the effective opening up to competition of the passenger market is still taking place gradually, even if it now involves a majority of Member States

377

Communication from the Commission Third report on monitoring development of the rail market - COM(2012) 459 final of 21 August 2012 On 21 August 2012, the European Commission adopted its third report on monitoring the development of the rail market. This exercise is very important in view of (...)

Stéphane Rodrigues Immixtion de l’intérêt général au sein des procédures de concurrence en Belgique/Immenging van het algemeen belang in procedures van mededingingrechet in België

396

The aim of the book is to provide the reader with a comprehensive, synthetic but complete overview of Belgian competition law. Business managers will find all the principles governing Belgian and European competition law, which apply in particular to anti-competitive agreements, abuses of a (...)

Stéphane Rodrigues State aids – SGEI: The European Commission adopts three of the four texts reforming the so-called “Altmark” package related to public service compensation and State aids granted to undertakings providing services of general economic interest

371

(see also, supra, "State aid" column, obs. J. Derenne and C. Kaczmarek) Commission Decision 2012/21/EU of 20 December 2011 on the application of Article 106(2) of the Treaty on the Functioning of the European Union to State aid in the form of public service compensation granted to certain (...)

Stéphane Rodrigues L’européanisation des services publics

706

Defined, organised and financed within the framework of the secular construction of each of the nation-states, public services have been the object of a profound change in their universe of reference over the last twenty-five years, which began with network services (communications, transport, (...)

Stéphane Rodrigues Research Handbook on European State Aid Law

544

This timely new Handbook reflects on current issues that confront State aid law and policy in the EU. State aid was a neglected area of competition law until attempts to modernise it became central to the Lisbon process 2000 where the aim was to encourage ‘intelligent’ State aid by reducing (...)

Bertrand Carsin, Elena-Loredana Puiu, Erika Szyszczak, Jose A. Gutierrez-Fons, Koen Lenaerts, Nicola Pesaresi, Proinsias De Rossa, Stéphane Rodrigues, Valérie Guigue-Koeppen Towards a new European law on services of general interest ?

1838

1996-2011: Fifteen years after the first Commission Communication on Services of General Interest in Europe, the European Union is establishing a real doctrine of public services, which has been reinforced by the new provisions of the Lisbon Treaty (article 14 TFEU, Protocol on SGI…). This (...)

Stéphane Rodrigues Public service compensation: The European Commission submits to public consultation four drafts in view to reform its own so-called “Altmark” package adopted in November 2005 and related to public service compensation and State aids granted to undertakings providing services of general economic interest

388

Draft Commission Communication on the application of EU State aid rules to compensation for the provision of services of general economic interest Draft EU framework for State aid in the form of public service compensation Draft Commission Regulation on the application of Articles 107 and (...)

Stéphane Rodrigues Service public, services publics

1200

Public services in France have a long tradition, which has defined their characteristics: accessibility, continuity, adaptability. Today they are facing upheavals due to technological changes, economic transformations and the demands of European construction. The crisis that began in 2008, (...)

Stéphane Rodrigues Social services of general interest: The European Parliament adopts a non-legislative resolution on the future of social services of general interest (SSGI), based on the report from MEP Proinsias de Rossa

468

European Parliament resolution of 5 July 2011 on the future of social services of general interest, EP document P7_TA(2011)0319 It will be remembered that the Belgian Presidency of the Council of the European Union in the last half of 2010 had put the issue of social services of general (...)

Stéphane Rodrigues Internal Market: The European Commission adopts a “Single Market Act” with twelve key actions in order to boost growth and strengthen confidence of every one in the virtues of the internal market

488

Commission Communication of 13 April 2011 entitled "The Single Market Act. Twelve levers to stimulate growth and boost confidence. Together for renewed growth", COM(2011) 206 final and SEC(2011) 467 final. After its fifty proposals presented in October 2010 "to work better, undertake and (...)

Stéphane Rodrigues Newsletter 2010, Ercüment ERDEM (dir.)

818

This book is a collection of notes on current developments in Turkish law during 2010 (hence its title), edited by the law firm founded by Professor Erdem. Among the many topics covered are those relating to competition law and energy law.

Stéphane Rodrigues La clémence et le droit

1353

Originally, clemency is a manifestation of the goodness, mercy and greatness of soul of the sovereign. In a discretionary manner, the sovereign exercises his right of grace on his subjects. The Constitution provides for this prerogative of the President of the Republic (art. 17). The (...)

Stéphane Rodrigues Les subventions

1422

There are some works whose review can quickly prove frustrating as it cannot restore their richness. The collective work directed by Professor Renders of the Catholic University of Louvain is one of them. Bringing together some twenty contributors, the book covers all aspects of Belgian (...)

Stéphane Rodrigues Abus de position dominante et secteur public

2131

Because of the means at their disposal, public operators have a strong position in the market. This is why the concept of abuse of a dominant position is so often used against them by the competition authorities. But is the rule of ordinary law capable of resolving the particular problems (...)

Stéphane Rodrigues Les 100 mots de la régulation

1306

According to the market law model, supply and demand naturally adjust if free competition is ensured. But there may be a market failure, for example a risk of financial crisis or an infrastructure monopoly. More politically, certain sectors - health, for example - must not only follow the (...)

Stéphane Rodrigues Droit de la concurrence interne et européen

1610

This book deals with "small competition law" (French law on restrictive competition practices, tariff transparency, unfair competition and non-competition clauses) and "large competition law" in its national and European dimension (cartels and abuse of dominant position, State aid and merger (...)

Stéphane Rodrigues Public Procurement and the EU Competition Rules

1142

Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This work is the most comprehensive attempt to date to explain the (...)

Stéphane Rodrigues Essential EU Competition Law in Charts

1166

The idea behind this daily routine “field manual” is for in-house lawyers, compliance professionals, consultants, attorneys, officers in European or national public administration and students to benefit from a comprehensive set of 75 charts illustrating the “core” of EU competition law (...)

Stéphane Rodrigues Transports: The European Commission adopts a White Paper paving the way to establish a Single European Transport Area by growing transport and supporting mobility while reaching the 60% emission reduction target before 2050, as well as by promoting quality jobs and working conditions along with modern infrastructure and innovative technologies (Single European Transport Area)

783

European Commission White Paper, Roadmap for a Single European Transport Space, "Towards a competitive and resource-efficient transport system", COM(2011)144 final of 28 March 2011 It was to be expected. After having established a "Single European Sky" in 2004 and proposed in 2010 the (...)

Stéphane Rodrigues Public procurement - Green paper: The European Commission adopts a Green Paper on the modernization of EU public procurement policy which may present certain opportunities to increase convergence between the application of the EU public procurement and competition rules, namely State aid rules

1052

European Commission Green Paper on Modernising EU Public Procurement Policy, "Towards a better performing EU public procurement market", COM(2011)15 final of 27 January 2011 As announced in its work programme for 2011, the European Commission adopted on 27 January 2011 a Green Paper on the (...)

Stéphane Rodrigues L’Europe des banques : Approches juridique et économique

1576

Banking is an area of activity with structural specificities, particularly in Europe. As a fully-fledged component of the internal market, this sector is involved in it in a number of ways: services to companies and households, capital mobility, a unified euro payment area, the fight against (...)

Stéphane Rodrigues Le low cost

1612

What is the internal coherence of this economic model? What are its impacts? Why this rapid expansion, and with what consequences? Highly developed in air transport, low cost is now spreading to new economic sectors: food and non-food distribution, automobiles, banking, insurance, (...)

Stéphane Rodrigues Air Transport: The European Commission adopts a Regulation amending Regulation (EC) no. 1794/2006 laying down a common charging scheme for air navigation services

920

Commission Regulation (EU) No 1191/2010 of 16 December 2010 amending Regulation (EC) No 1794/2006 laying down a common charging scheme for air navigation services, OJ L333, 17 December 2010, p. 6. The new Commission Regulation No 1191/2010 adopted on 16 December 2010 updates Regulation (EC) (...)

Stéphane Rodrigues Services of general (economic) interest: The European Commission publishes a Guide concerning the application to services of general economic interest, notably to social services of general interest, of the European Union rules

1107

Commission Staff Working Document, Guide on the application of EU State aid, public procurement and internal market rules to services of general economic interest, and in particular social services of general interest, SEC(2010) 1545 final, 7 December 2010. In 2007, the Commission had caused (...)

Stéphane Rodrigues Social services of general interest: The Council of the European Union insists on the place and the role of the social services of general interest within the European construction

1038

Conclusions of the Council of the European Union of 6 December 2010 on social services of general interest, "At the heart of the European social model", doc. 17566/10 As one of the political priorities of the Belgian Presidency of the Council of the European Union during the second half of (...)

Stéphane Rodrigues Transport: The European Parliament and the Council adopt a Regulation concerning the rights of passengers when travelling by sea and inland waterway (Rights of passengers)

1218

Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004, OJ L. 334, 17.12.2010, p. 1. A genuine common regime for the different (...)

Stéphane Rodrigues Single European railway area: The European Commission adopts a proposal for a Directive establishing a single European railway area, consisting, inter alia, of consolidating the current directives of the 2001 railway package

1639

Proposal for a Directive of the European Parliament and of the Council establishing a single European railway area (Recast) , COM(2010) 475 final, SEC(2010) 1042 and SEC(2010) 1043, 17 September 2010 Communication from the Commission concerning the development of a Single European Railway (...)

Stéphane Rodrigues Europe : une nouvelle chance pour le service public

1584

To every great cause, its European manifesto one would be tempted to say. If this is the case, the great cause of public service now seems to have its own with this essay published by the Jean Jaurès Foundation under the double pen of a recent European Parliament Member, Françoise Castex, of (...)

Stéphane Rodrigues Internal Market: The European Commission adopts a communication pursuing the objective to boost again the Internal Market dynamics and inviting the other EU institutions to give their formal agreement to a new «Single Market Act»

955

Communication from the Commission, "Towards a Single Market Act - For a highly competitive social market economy - 50 proposals for better working, entrepreneurship and trade together", COM(2010) 608 final, 27 October 2010 Enlightened by Professor Monti’s report of May 2010 calling for "a (...)

Stéphane Rodrigues Les mesures correctives dans les cas de concentrations d’entreprises et d’abus de position dominante, KËLLEZI Pranvera, Coll. munichoise du droit de la concurrence européen et intn., vol. 24

1625

This work corresponds to the publication of the thesis defended by the author at the University of Geneva, under the direction of Professors Christian Bovet and Yves Flückiger, and which earned him the highest distinctions. The question of corrective measures is treated from a comparative (...)

Stéphane Rodrigues Le service public

2267

Stemming from French doctrine and case law, the concept of public service was imported into Belgium following the work of André Buttgenbach. After adapting to the Belgian legal system, it was profoundly transformed under the influence of European law, notably with a view to liberalisation. (...)

Stéphane Rodrigues La concurrence

1806

This imposing work reproduces the proceedings of the International Days organized in September 2006 in Morocco by the Association Henri Capitant des Amis de la culture juridique française (Henri Capitant Association of Friends of French Legal Culture) and devoted to the topic of competition. (...)

Stéphane Rodrigues Environnement et marché intérieur

2019

The environmental crisis is no longer anyone’s guess. In the space of four decades, the European Union (EU) has made a major contribution to the development of environmental law and the integration of these concerns into other public policies. National laws now depend on the normative choices (...)

Stéphane Rodrigues SGEI: The General Court tackles the sensitive issue of using the EU concept of service of general economic interest to qualify the broadcasting public service (M6 and TF1)

1238

Trib. EU, 1 July 2010, M6 and TF1 v Commission, cases T-568/08 and T-573/08 It is beyond the scope of this column to analyse in detail the judgment delivered on 1 July 2010 by the General Court of the European Union in case M6-TF1 v Commission. As this is a dispute in the field of State aid, (...)

Stéphane Rodrigues Limit of an air carrier’s liability: The ECJ rules that the term ’damage’, which underpins Article 22(2) of the Convention for the Unification of Certain Rules for International Carriage by Air, concluded in Montreal on 28 May 1999, that sets the limit of an air carrier’s liability for the damage resulting, inter alia, from the loss of baggage, must be interpreted as including both material and non-material damage (Axel Walz/Clikair)

1182

– ECJ, 6 May 2010, Axel Walz v. Clikair, case C-63/09

Stéphane Rodrigues Monti report: The former EU Internal Market and Competition commissioner issues a report insisting on refocusing EU institutions and policies on the single market by reinforcing enforcement of the Internal Market rules and by revising them

1862

Report presented to the President of the European Commission by Mario Monti, A new strategy for the single market at the service of Europe’s economy and society, 9 May 2010 "The single market is Europe’s original idea, but it is also its unfinished business". This is a precise and (...)

Stéphane Rodrigues L’État actionnaire, Anémone CARTIER-BRESSON

2356

Publication of Ms. Cartier-Bresson’s thesis, which won an award from the University of Paris II and which analyses in great detail the behaviour of the State as shareholder from every angle, one might say. Sometimes offensive, when the public authority appropriates the techniques of the public (...)

Stéphane Rodrigues Network-Based Governance in EC Law

1853

To strengthen the credibility of the EU and its policies, the European Community is increasingly concerned to emphasise effective enforcement of EC law. This book engages in the debate on the better application of European law by offering an integrated analysis of a new institutional (...)

Stéphane Rodrigues Concurrence, santé publique, innovations et médicaments

2136

Some say that the drug is simply a matter for specialised competition law, whereas it is a matter for balance and regulation, in particular because health is a political issue. The essential result is a system of evidence in which the prevalence of regulation over competition justifies that (...)

Stéphane Rodrigues Rethinking Exclusionary Abuses in EU Competition Law

1905

This book offers an original interpretation of the case law on exclusionary abuses under Article 82 EC (now Article 102 TFEU, according to the numbering introduced by the Treaty of Lisbon), and it identifies the various factors that have shaped the application of this provision through its (...)

Stéphane Rodrigues The Development of Competition Law - Global Perspectives

1988

Competition law has changed substantially since 1990. The worldwide tendency toward market-based economic systems has induced many countries to adopt competition rules. This innovative book discusses the global character of competition law focusing on three interrelated perspectives; (...)

Stéphane Rodrigues State intervention on prices: The ECJ rules that Directive 2003/55/EC on natural gas does not preclude Member States, should some conditions be fulfilled, to determine the price level for the supply of natural gas by the definition of ’reference prices’, even after the date of liberalization (Federutility)

2404

CJEU, 20 April 2010, Federutility and Others v Autorità per l’energia elettrica e il gas, Case C-265/08. At a time when the Commission is launching several public consultations on the future of the internal energy market, in particular in terms of market transparency and strategic vision by (...)

Stéphane Rodrigues Universal service - Electronic communications: The ECJ rules that Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services must be interpreted as not precluding legislation of a Member State under which the admissibility before the Courts of actions relating to electronic communications services between end-users and providers of those services, concerning the rights conferred by that directive, is conditional upon an attempt to settle the dispute out of Court (Alassin/Telecom Italia)

2268

The European Court of Justice ruled that Directive 2002/22/EC on universal service and the rights of users of electronic communications networks and services does not preclude Italian legislation under which disputes in this sector between end-users and suppliers, falling within the rights (...)

Stéphane Rodrigues Progress in creating the internal energy market: The European Commission issues a balanced report on progress in creating the internal energy market for the European Union revealing that the correct transposition of the European electricity and gas legislation in all Member States is still not complete, highlighting the impact of the financial crisis on this market and underlining the crucial role played by the national regulatory authorities and the necessity of reinforcing their independence

1735

The Ninth Progress Report on the Internal Electricity and Gas Market adopted by the Commission on 11 March 2010 does not depart from the "encouraging but can do better" exercise (see about the 8th report, this column, in ConcurrencesNo. 2-2009, pp. 200-201). However, it takes place in a (...)

Stéphane Rodrigues Concept of universal service: The European Commission launches from March to May 2010 a public consultation on Universal Service principles in e-communications adressing questions concerning the basic concept of universal service (social and territorial cohesion), its scope regarding the broadband internet access and its financing

1696

Commission public consultation of 2 March 2010 on the principles of univesivesal service in the electronic communications sector As underlined by Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic (...)

Stéphane Rodrigues Concurrence en droit belge et européen

2788

This second edition of the Handbook on European Competition Law, updated to 30 September 2016, covers all EU competition law excluding State aid. It provides the reader with a comprehensive overview of this technical subject, easily accessible and illustrated by the most important cases of (...)

Stéphane Rodrigues Competition Law of the European Community

1701

This new Fifth Edition of a major work by the well-known competition law team at Van Bael & Bellis brings the book completely up to date to take account of the great number of significant new cases that have been decided since the Fourth Edition in 2004 as well as many other developments. (...)

Stéphane Rodrigues Contrôle des concentrations

2683

The introduction of Community merger control was an important step in the construction of the Community in more ways than one. First of all, by introducing preventive control, whereas until then control had been merely repressive and imperfect. Secondly, by introducing a single control (...)

Stéphane Rodrigues Droit public des affaires

4287

Public business law is the law of relations between the administration and economic operators. It combines what is commonly known as public economic law (administration of the economy and public enterprises) and public procurement law. This discipline is based on three pillars, which are the (...)

Stéphane Rodrigues Droit bancaire et financier européen

2958

CRD IV, Single Supervision Mechanism, new Deposit Guarantee Directive, Bank Recovery and Resolution Directive, Single Resolution Mechanism, Single Financial Rulebook, all European banking law has been thoroughly reformed since the publication of the first edition of this compendium in 2009. As (...)

Stéphane Rodrigues Air traffic flow management: The European Commission adopts several EU regulations during the first three months of 2010 in order to achieve the “Single European Sky” setting common rules for requirements on Commission security inspections, exchange of aeronautical data and information and common rules on air traffic flow management

1434

Commission Regulation (EU) No 255/2010 of 25 March 2010 laying down common rules on air traffic flow management, OJ L80 of 26 March 2010, p. 10. Commission Regulation (EU) No 72/2010 of 26 January 2010 laying down procedures for conducting Commission inspections in the field of aviation (...)

Stéphane Rodrigues Air passengers’ rights: The European Commission launches a public consultation in order to identify where it seems to be room for improvement of the current protection system based on the three existing EC Regulations

1383

Coincidentally, or perhaps not so much by chance, the Commission opened a public consultation on air passenger rights, a few days after two judgments of the European Court of Justice of 19 November 2009 (cases C-402/07, Strugeon v. Condor and C-432/07, Böck-Lepuschitz v. Air France) gave a (...)

Stéphane Rodrigues Public Private Partnerships: The European Commission issues a new communication on public-private partnerships (PPP) and to their development in order to mobilize private and public investment for recovery and long term structural change; or how to use them more frequently and to improve their legal framework at the EU level

3034

Communication from the Commission, Mobilising private and public investment for economic recovery and long-term structural change: developing public-private partnerships, 19 November 2009, COM(2009) 615 final. Among the acronyms that the European Commission’s doctrine is fond of, PPPs (for (...)

Stéphane Rodrigues Opinion on SGEI: The European Economic and Social Committee has adopted an opinion on SGEI and the question of how should responsibilities be divided up in this area between the EU and Member States, taking into consideration the new provisions on services of general interest in the Lisbon Treaty which came into force on 1st December 2009

2159

The European Economic and Social Committee (hereafter referred to as the Committee or EESC), which has already produced around ten opinions on services of general interest, is perhaps the most prolific Community player on this subject today. The opinion adopted on 4 November 2009 by its (...)

Stéphane Rodrigues Law and economics. Interferences and Interactions

3490

Among the 25 contributions that make up the book are the following: Jean-Bernard Auby and Rozen Noguellou, "Droit de l’urbanisme et droit de la concurrence" (pp. 1-14); Jean-Sylvestre Bergé and Sophie Harnay, "Concurrence entre règles juridiques et construction européenne : à propos de (...)

Stéphane Rodrigues Droit économique et droits de l’homme

2878

Bringing together economic law and human rights may seem provocative. This is not the purpose of this book, which is the fruit of the reflections of jurists from very different intellectual and geographical backgrounds. The meeting of economic law and human rights is more natural than it (...)

Stéphane Rodrigues Economics and the Enforcement of European Competition Law

2386

Recent years have seen a trend toward an ‘economics-based’ approach to the enforcement of European competition law. But what is meant by ‘economics-based’, and how does this approach sit with legal and enforcement practice? This book seeks to place in perspective the growing use of economics (...)

Stéphane Rodrigues European Electronic Toll Service: The European Commission adopts a decision setting out the essential technical specifications and requirements needed to launch a European Electronic Toll Service which will enable road users to pay tolls throughout the whole European Union thanks to one subscription contract with one service provider and one single on-board unit (EETS)

2703

EC Comm, dec. 2009/750/EC of 6 October 2009 on the definition of the European Electronic Toll Service and its technical elements, OJ L268, 13 October 2009, p. 11. The Decision adopted by the Commission on 6 October 2009 aims to establish the technical specifications and essential (...)

Stéphane Rodrigues Airports: The European Commission adopts a proposal for a directive to set common principles for the levying of security charges at Community airports and to impose to Member States to nominate or establish an independent body as their national independent supervisory authority in order to ensure the correct application of these principles

2299

EC Commission, 11 May 2009, Proposal for a Directive of the European Parliament and of the Council on aviation security charges, COM(2009) 217 final, SEC(2009) 615 final and SEC(2009) 616 final. After intervening in the area of airport charges (see Directive 2009/12/EC of the European (...)

Stéphane Rodrigues Les services sociaux d’intérêt général

2947

The topic of social services of general interest (SSGIs) is now firmly anchored in the Community debate (v. The topic of social services of general interest (SSGI) is now well established in the Community debate (see this review No. 3-2009, Public Sector column, on the conclusions of the (...)

Stéphane Rodrigues Latin American Competition Law and Policy

2443

This book offers an unparalleled analysis of the emerging law and economics of competition policy in Latin America. Nearly all Latin American countries now have competition laws and agencies to enforce them. Yet, these laws and agencies are relatively young. The relative youth of Latin (...)

Julie Griffin, Stéphane Rodrigues Third “Energy Package”: The European Parliament and the Council adopt the third “Energy Package” which includes two directives repealing and replacing the 2003 directives concerning common rules for both electricity and natural gas internal markets

3783

– Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC, OJ L211, 14 August 2009, p. 55. Directive 2009/73/EC of the European Parliament and of the Council of (...)

Stéphane Rodrigues Social services of general interest: The EU Council, recalling that social services of general interest play a major role in ensuring social, economic and territorial cohesion throughout the EU, insists on the necessity of legal certainty regarding the impact of the EU rules on such services, but without delivering concrete options and referring only to the soft law adopted by the EU Commission

2102

Council of the European Union, Conclusions - Social services, an instrument for active inclusion and greater social cohesion and a source of employment, document n° 10052/09 of 25 May 2009 So far mainly covered by the Commission’s doctrine (see its Communications of April 2006 and November (...)

Stéphane Rodrigues Airport charges: The European Commission adopts a new Directive setting common principles for the levying of airport charges and asks Member States for establishing an independent supervisory authority in order to ensure the correct application of the measures taken to comply with this directive

3827

Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges, OJEU No L. 70 of 14 March 2009, p. 11-16. It will be remembered that in its first "airport package" presented in January 2007, the Commission proposed a directive on airport charges in the (...)

Stéphane Rodrigues Postal Services : The EC Commission publishes its fourth implementation report pursuant to the directive 97/67/EC of the European Parliament and of the Council of the 15 of December 2007 on the common rules on the aspects of a single market for postal services and the enhancement of this service

1358

EC Commission, 22 December 2008, Report to the Council and the European Parliament on the application of the Postal Directive 97/67/EC as amended by Directive 2002/39/EC, COM(2008) 884 final, SEC(2008) 3076. The report shows in particular that, as at 1 January 2008, four Member States had (...)

Stéphane Rodrigues Non-economic services of general interest: The European Council notes the concerns of the Irish people concerning the Lisbon Treaty, and notably the attachement of the European Union to public services and non-economic services of general interest (Irish Government)

5701

Brussels European Council, Presidency conclusions and Irish statement on the Treaty of Lisbon, document No 17271/08 of 12 December 2008 Called upon to decide on the future of the Treaty of Lisbon signed in December 2007 but not ratified by Ireland following the negative result of the (...)

Stéphane Rodrigues Rights of passengers: The European Commission adopts two proposals for a regulation concerning the rights of passengers in bus and coach transport and when travelling by sea and inland waterway, in order to harmonize the rights of passengers whatever the mode of transport they travel with

3458

EC Comm, 4 December 2008, Proposal for a Regulation of the European Parliament and of The Council concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement (...)

Stéphane Rodrigues Universal postal service: The ECJ gives a narrow construction of the 1997 Postal Directive to allow, under some conditions, a Member State to reserve cross-border mail to the universal postal service provider (Intn. Mail Spain)

3668

ECJ, 15 November 2007, International Mail Spain SL v Administración del Estado, Correos, Case C-162/06. Reference for a preliminary ruling by the Spanish Tribunal Supremo, the Court of Justice was asked to rule on the interpretation of Directive 97/67/EC of the European Parliament and of the (...)

Stéphane Rodrigues Universal service: The European Commission publishes its second periodic review of the scope of universal service in electronic communications and opens a public debate on whether such universal service may include internet access to broadband (Electronic communications network and services)

3004

EC Comm, 25 September 2008, Communication on the second periodic review of the scope of universal service in electronic communications networks and services in accordance with Article 15 of Directive 2002/22/EC, COM (2008) 572 final Adopted pursuant to Article 15 of Directive 2002/22/EC of (...)

Stéphane Rodrigues Air services: The European Commission recasts and consolidates into one single text EC rules on operation of air services in the Community by repealing and replacing the 1992 Package on licensing of air carriers, on access of Community air carriers to intra-Community air routes and on fares and rates for air services (Common rules for the operation of air services)

5278

Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast), OJ L 293, 31.10.2008 The third stage of the liberalisation of the air sector, which began in 1987, has resulted in the (...)

Stéphane Rodrigues Sécurité juridique et droit économique

6193

Often considered as "disruptive" of the established legal order, economic law is generally criticized for the lack of legal certainty to which it would lead. Does not the substantive analysis of economic law in fact run counter to the formal analysis which is a guarantee of legal certainty? (...)

Stéphane Rodrigues Public procurement: The European Commission is in favour of a common approach regarding definition, monitoring and benchmarking of Green Public Procurement, in line with the EU Strategy for Innovation and Sustainable Development and in order to be taken into consideration when implementing EU funding mechanisms (Environnement)

2927

EC Comm. 16 July 2008, Communication on Public procurement for a better environment, COM (2008) 400 final and Working documents SEC (2008) 2124, 2125 and 2126 As part of the Action Plan on Sustainable Consumption and Production and Sustainable Industrial Policy (SCP/SIP), which aims to (...)

Stéphane Rodrigues Social services of general interest: The European Commission, in its first biennal report of the situation of social services of general interest in the Union, insists on the importance of health services and social services for the European economy with an analysis of the national reforms made in terms of organisation and management of such services (SEC)

3168

EC Commission, 2 July 2008, Biennial Report on Social Services of General Interest in the European Union, SEC (2008) 2179/2. The European Commission’s first biennial report on social services of general interest (SSGI) was presented in the context of the "Renewed Social Agenda", a package of (...)

Stéphane Rodrigues L’État schizo

5506

France is in danger. The enemy is all the more formidable because he comes from within and calls himself the State. Having become schizophrenic, he is destroying what was our strength: our infrastructures and the quality of our public services. A champion of double-dealing, but more often a (...)

Stéphane Rodrigues Energy: The European Commission releases its latest report on progress in creating the internal gas and electricity market which highlights the existence of major barriers to the efficient functioning of the market (Internal gas and electricity market)

3550

EC Commission, 15 April 2008, Report to the Council and the European Parliament - Progress in creating the internal gas and electricity market, COM(2008) 192, [SEC(2008) 460.] As part of the monitoring of the implementation of the energy liberalisation Directives adopted in the late 1990s (...)

Stéphane Rodrigues Services of general interest: The European Council stresses again the necessary balance to be reached between competition goal and services of general interest for the full accomplishment of the internal market (Brussels Council)

3556

European Council, Presidency Conclusions, 14 March 2008, No 7652/08 As part of its annual meeting dedicated to the themes of economic growth and competitiveness, in application of the Lisbon Strategy launched in 2000, the Brussels European Council of 13 and 14 March 2008 did not break the (...)

Stéphane Rodrigues Economic services of general interest: The CFI gives substantial precisions on construing Art. 86.2 EC with regard to the division of responsibilities and jurisdictions between Member States and the EC related to undertakings entrusted with the operation of services of general economic interest (BUPA)

4181

CFI, 12 February 2008, BUPA and Others v Commission, Case T-289/03. After a particularly lengthy investigation (almost five years), the Court of First Instance of the European Communities was called upon to rule on the legality of Commission Decision C(2003) 1322 final of 13 May 2003 not to (...)

Stéphane Rodrigues Les services publics en Europe

5248

We are familiar with the academic work on the comparative law of public services carried out under the direction of Gérard Marcou and Franck Moderne (L’idée de service public dans le droit des États de l’Union européenne, L’Harmattan, Paris, 2001 and Droit de la régulation, service public et (...)

Stéphane Rodrigues Services directive: The European Commission publishes a handbook for internal market and services of the EC Commission on the implementation of the Services Directive

3394

EC Comm, DG Internal Market and Services, Handbook on implementation of the Services Directive, OPOCE 2007. Irrespective of the question of what place or value to attribute to such a document in the nomenclature of Community acts (it being specified that it "does not bind the European (...)

Stéphane Rodrigues Economics of European Union Law

4068

Economic analysis is becoming an increasingly powerful means of illuminating the European Union legal system, both as a method of deciphering and of influencing EU policy. This important volume focuses upon this relationship between economics and EU law, elucidating both the complex and (...)

Stéphane Rodrigues Services of general economic interest: The Intergovernmental Conference adoptes a draft Treaty amending the EU Treaty and the Treaty Establishing the EC, including the amendment proposed by the constitutional treaty of 2004 on services of general economic interest (CIG 1/1/07)

3866

IGC 2007, Draft Treaty amending the Treaty on European Union and the Treaty establishing the European Community, CIG 1/1/07, REV 1, 5 October 2007 IGC 2007, Draft Treaty amending the Treaty on European Union and the Treaty establishing the European Community, CIG 1/1/07, REV 1, 5 October 2007 (...)

Stéphane Rodrigues SIEG: The European Commission publishes a Report confirming that competition spurs productivity and consumers benefit as market opening leads to better performances for network industries

4150

EC Comm, Staff Working Document (and annexes), 12 July 2007, Evaluation of the Performance of Network Industries Providing Services of General Economic Interest - 2006 Report, SEC(2007) 1024 For once, the 3rd Horizontal Evaluation Report on the performance of network industries providing (...)

Stéphane Rodrigues Public passenger transport services: The European Parliament adopts its 2nd reading position on the proposal of regulation on public passenger transport services by rail and by road

4187

European Parliament, 10 May 2007, Resolution on the Council common position for adopting a regulation of the European Parliament and of the Council on public passenger transport services by rail and by road and repealing Council Regulations (EEC) No 1191/69 and (EEC) No 1107/70, (...)

Stéphane Rodrigues Service public et concurrence dans les transports

6673

The lawyer is happy to oppose the public service to competition. However, the two terms are not so antagonistic: transport illustrates this, be it air, sea, rail or road, French or foreign. First of all, public service and competition share the same objective: seeking to protect individuals (...)

Stéphane Rodrigues Postal Services: The French Government defines postal universal service altogether with the rights and duties of La Poste concerning its public service mission for mail delivery (Decree 5 January 2007)

4185

Decree No. 2007-29 of 5 January 2007 relating to the universal postal service and the rights and obligations of La Poste and amending the Postal and Electronic Communications Code, JORF No. 6 of 7 January 2007, p. 397 Act 2005-516 of 20 May 2005 on the regulation of postal services and aimed (...)

Stéphane Rodrigues Social services of general interest: The European Parliament, Committee of Regions and EES Committee issue opinions on the European Commission Communication on social services of general interest

4000

Committee of the Regions, Opinion No 181/2006 of 6 December 2006 on the Communication from the Commission Implementing the Community Lisbon Programme: Social services of general interest in the European Union, COM(2006) 177 final, OJEU No C.57 of 10 March 2007, p. 37. European Parliament, (...)

Stéphane Rodrigues Services of General Economic Interest: The European Commission publishes a report on the evaluation of the performance of network industries providing SGEI (EC Comm. 20 december 2005)

4306

EC Commission, Second Report from the European Commission on the Evaluation of the Performance of Network Industries Providing Services of General Economic Interest (Working Document SEC(2005) 1781 of 20 December 2005). As part of the so-called "Cardiff process" (cf. European Council of June (...)

Stéphane Rodrigues Aspects récents du droit de la concurrence

4774

The entry into force of the first Belgian Competition Act in 1993 raised high expectations among practitioners, businesses and consumers. These expectations have so far been disappointed. At first (long), due to a cruel lack of means at the disposal of the Competition Council created by this (...)

Stéphane Rodrigues Services of general economic interest: The ECJ holds that Article 86.2 public sector exemption has to be considered in the context of the EU market (Krister Hanner, Vereniging voor Energie)

4885

ECJ, 31 May 2005, Krister Hanner, case C-438/02 ECJ, 7 June 2005, Vereniging voor Energie, Milieu en Water a. o., case C-17/03 Since the Court of Justice gave a ’second life’ to Article 86(2) EC (in particular since its famous Paul Corbeau judgment of 19 May 1993 in Case C-320/91), the (...)

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