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)

Vedder, Hans

Previous article 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) Next 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)

17 Jul 2014

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)

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Reference

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

The Appeal in Greek Lignite: Clarification of the Law or Jumpstarting Article 106 TFEU?* Introduction In October 2012 I wrote an entry about the General Court judgment that annulled the Commission decision in the Greek Lignite-saga, concerning the Greek state-owned electricity company DEI that benefitted from the exclusive right to mine for lignite (brown coal) which, according to the Commission, distorted competition. In a nutshell I found that the judgment did little to clarify the obscure clarity or clear obscurity of Article 106 TFEU, but it was certainly good news for DEI, the state-owned electricity company that benefitted from the exclusive right to mine for lignite. In that blog I wrote that the Commission should appeal so that the Court could clarify its own case law

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Author

Hans Vedder
University of Groningen

Netherlands 8 contributions 4879 visits

Quotation

Hans Vedder, 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 July 2014, e-Competitions State intervention, Art. N° 68878

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