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

Gerakini, Nancy

Previous article The EU Court of Justice holds that a Member State may be found to have infringed Art. 106(1) TFEU if its measures create a situation in which a public undertaking or an undertaking on which it has conferred special or exclusive rights is led to abuse its dominant position (Greek Lignite case) Next article The EU Court of Justice attempts to clarify its case law on whether actual abuse by the public undertaking must be shown in Article 106 TFEU cases (Greek Lignite case)

17 Jul 2014

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

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Reference

EU Court of Justice, Greek Lignite case , C-553/12, 17 July 2014

On 17 July 2014 the Court of Justice of the EU (‘CJEU’) rendered its decision in the Greek Lignite case, which revolves around the radius of Commission’s powers and discretion in establishing an infringement of article 106 TFEU read together with article 102 TFEU. Article 106 is the legal vehicle empowering the EU institutions to secure the effectiveness of market liberalization initiatives decided at EU level. The article, which remains inactive for quite some time, provides that in the case of public undertakings and undertakings to which Member States grant special or exclusive rights, Member States shall neither enact nor maintain in force any measure contrary to the rules contained in the Treaties. In its decision in case C-553/12 the Court of Justice overturned the General

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Nancy Gerakini
Prentoulis Gerakini Law Partnership (Athens)

Greece 6 contributions 2492 visits

Quotation

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

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