CASE COMMENT : UNILATERAL PRACTICES - APPLICABILITY OF ARTICLE 82 CE - NOTION OF UNDERTAKING - NON-PROFIT-MAKING ASSOCIATION - DUAL ROLE AS REGULATOR AND OPERATOR - ABUSE RESULTING FROM A CONFLICT OF INTEREST

Notion of undertaking: The ECJ applies to an organiser of sports competition well settled case law on abuse resulting from national rules putting an entity in a conflict of interest (MOTOE / Elliniko Dimosio)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – ECJ, 1 July 2008, Motosykletistiki Omospondia Ellados NPID (MOTOE) v. Elliniko Dimosio, case C-49/07 In Greece, the organisation of motorcycle races is subject to prior authorisation. Authorisations must be requested from the Ministry of Public Order, which decides on the assent of the body officially representing the International Motorcycle Federation in Greece. This body, called EPLA, is itself active in the organisation and operation of motorcycle races through one of its divisions, operating under the name of ETHAM. The MOTOE association had paid the price for this dual position of EPLA/ETHAM as both an actor and regulator. Indeed, MOTOE, which had

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  • Catholic University of Louvain

Quotation

Anne-Lise Sibony, Notion of undertaking: The ECJ applies to an organiser of sports competition well settled case law on abuse resulting from national rules putting an entity in a conflict of interest (MOTOE / Elliniko Dimosio), 1 July 2008, Concurrences N° 4-2008, Art. N° 22222, pp. 87-89

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