CASE COMMENT - UNILATERAL PRACTICES - ARTICLE 106 EU

Automatic abuse: The General Court annuls the Commission’s decision judging that in order to apply Art. 102 together with Art. 106, the Commission should have state clearly the alleged abuse and not only the competitive advantage arising from the contested regulation (DEI)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Trib. EU, 20 September 2012, DEI v. Commission, T-169/08 and T-421/09 The annulment of a Commission decision for violation of Article 102 is rare. In this sense, the DEI judgment deserves a mention in this column. However, it should be made clear from the outset that the DEI case concerned the joint application of Article 102 and Article 106 TFEU, which obliges Member States not to maintain any measure contrary to the competition rules concerning public undertakings or holders of special or exclusive rights. The judgment therefore relates solely to the requirements which the Commission must satisfy when it condemns a State on the ground that its

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  • Catholic University of Louvain

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Anne-Lise Sibony, Automatic abuse: The General Court annuls the Commission’s decision judging that in order to apply Art. 102 together with Art. 106, the Commission should have state clearly the alleged abuse and not only the competitive advantage arising from the contested regulation (DEI), January 2013, Concurrences N° 1-2013, Art. N° 50485, pp. 81-82

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