The EU Court of Justice clarifies the threshold of competitive distortion required in the application of Articles 102 and 106(1) TFEU to State measures concerned with public undertakings or undertakings with special or exclusive rights (Greek Lignite case)

Sánchez Graells, Albert

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17 Jul 2014

The EU Court of Justice clarifies the threshold of competitive distortion required in the application of Articles 102 and 106(1) TFEU to State measures concerned with public undertakings or undertakings with special or exclusive rights (Greek Lignite case)

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Reference

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

CJEU fuels joint application of Arts 102 & 106(1) TFEU to suppress unequal conditions of competition (C-553/12P)* In its Judgment in Commission v DEI, C-553/12 P, EU:C:2014:2083, the CJEU has (further) clarified the threshold of competitive distortion required in the application of Arts 102 and 106(1) TFEU to State measures concerned with public undertakings or undertakings with special or exclusive rights. This Judgment goes beyond the precedent in MOTOE, C-49/07, EU:C:2008:376 (and others cited therein) in the trend of lowering the threshold of competitive distortion required in the declaration of incompatibility of State regulation with EU competition rules. The step forward fundamentally consists in decoupling the issue of "unequal

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Author

Albert Sánchez Graells
University of Bristol - Law School

United Kingdom 92 contributions 24890 visits

Quotation

Albert Sánchez Graells, The EU Court of Justice clarifies the threshold of competitive distortion required in the application of Articles 102 and 106(1) TFEU to State measures concerned with public undertakings or undertakings with special or exclusive rights (Greek Lignite case), 17 July 2014, e-Competitions Exclusive rights (Art. 106 TFEU), Art. N° 68698

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