CASE COMMENT: PUBLIC SECTOR - SERVICE OF GENERAL ECONOMI INTEREST

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)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 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 Member States have been quick to invoke it and to claim, under the pretext of preserving missions of general economic interest, the absolution of behaviour that is detrimental to competition. While it is already known that, on the one hand, "since it is a provision which allows, in

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  • University of Paris I Panthéon-Sorbonne

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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), 31 May 2005, Concurrences N° 3-2005, Art. N° 1191, p. 142

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