Without prejudice to article 4 of the treaty on european union or to articles 93, 106 and 107 of this treaty, and given the place occupied by services of general economic interest in the shared values of the union as well as their role in promoting social and territorial cohesion, the union and the member states, each within their respective. Treaty on the functioning of the european union eurofound. Legislation treaty provisions on state aid full texts of the treaties. Alert memorandum europes economic response to the covid19. Summary although state aid is in principle prohibited under eu law articles 107108 tfeu, the treaty does not precisely define what a state aid is. Articles 107 and 108 of the treaty on the functioning of the european union to certain categories of horizontal state aid1, and in particular article 11a and b thereof, after consulting the advisory committee on state aid, whereas. The tests of illegality under articles 101 and 102 tfeu. Article 107 of the treaty on the functioning of the european union tfeu, in particular 1073a and c thereof. T hus, in the view of the referring court, that aid was implemented in breach of t he third sentence of article 1083 tfeu. In this paper it will discuss the general framework of both articles by analyzing all the elements of the articles, such us. European social fund financial instruments and state aid ficompass.
Authorisation for state aid pursuant to articles 107 and 108 of the tfeu cases where the commission raises no objections text with eea relevance. Authorisation for state aid pursuant to articles 107 and 108. See n17810 in authorisation for state aid pursuant to articles 107 and 108 of the tfeucases where the commission raises no objections oj c. Article 107 and 108 of the treaty on the functioning of the european union to shortterm.
Council regulation ec no 99498 of 7 may 1998 on the application of articles 92 and 93 of the treaty establishing the european community to certain categories of horizontal state aid enabling regulation. Particular restrictions that fall within the impugned category are therefore automatically seen as having the object of restricting competition under article 1011 tfeu. Notification under article 1072b tfeu description of the. The council, on a proposal from the commission and after consulting the european parliament, may make any appropriate regulations for the application of articles 107 and 108 and may in particular determine the conditions in which article 1083 shall apply and the categories of aid exempted from this procedure. Article 3 of the treaty of the european union teu article 3 of. State aid manual of procedures european commission. Article 107 of the treaty on the functioning of the european union. Council regulation eu 2015 1588 of july 2015 on the. Aid intensity under article 1072b tfeu, aid may cover up to 100%. Agreements that restrict competition by object under article. Exemptions to this prohibition are provided by the tfeu art. Authorisation for state aid pursuant to articles 107 and. In the example situation, a possible state aid measure would be the citys funding of the com. Notification of aid chapter 12 article 109 tfeu determination of regulations regarding the application of arts 107 and 108 chapter regulation ec no 12003 on the implementation of the rules on competition.
The commission reconsidered its approach to vertical restraints in its green paper on vertical restraints in ec competition policy com96 721. Article 1062 tfeu is traditionally seen as a derogation to the treaty provisions and has an awkward role in the treaty chapter on competition. Article 102 of the treaty on the functioning of the european union formerly article 82 of the treaty establishing the european community is aimed at preventing undertakings who hold a dominant position in a market from abusing that position. Articles 107 and 108 of the treaty on the functioning of. Federal republic of germany failure of a member state to ful. Parliament, may make any appropriate regulations for the application of articles 107 and 108 and may in. Pdf interpreting the boundaries of collective dominance.
Without prejudice to article 4 of the treaty on european union or to articles 93, 106 and 107 of this treaty, and given the place occupied by services of general economic interest in the shared values of the union as well as their role in promoting social and territorial cohesion, the union and the. Bekkedal notes the conventional reading of the provision is that it is an autonomous exception to all of the treaty provisions and is not confined to specific types of infringement of the tfeu. In march 2008, the commission decided that, by granting rights which gave dei quasiexclusive access to lignite, greece had protected deis dominant position on the downstream wholesale electricity market, in breach of article 1061 tfeu, when read together with article 102 tfeu. The social dimension of eu state aid law and policy cambridge.
Developments under articles 101 and 102 tfeu in 2010. Alert memorandum amendment to the state aid temporary. Articles 107 tfeu and 108 tfeu judgment of the court second chamber of 21 november 20 c28412 june 27, 2014 category. Article 102 of the treaty on the functioning of the. Consolidated version of the treaty on the functioning of. Articles 53 54 agreement on the european economic area eea agreement.
Instead, it means that the measure may not be put into effect prior to any deci. Criteria for the notion of aid article 107 1 tfeu advantage in any form whatsoever favouring selective certain transfer of state resources and imputability to the state granted by a member state or through state resources likely to distort competition likely to affect trade between member states. The treaty on the functioning of the european union tfeu came into force on 1 december 2009 following the ratification of the treaty of lisbon, which made amendments to the treaty on european union and the treaty establishing the european community tec. Iv, issue 8 november 2016 6945 articles 101 and 102 tfeu are the most prominent treaty provisions on competition. See communication from the commission framework for state aid for research and development and innovation 2014c 19801, oj c 198, 27. Article of the tfeu modified form of articles 1071 and 1083 conditions on modified articles 1071 and 1083 article 1071 any aid granted by the state or through state resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between the. It follows that any individual can claim compensation for the harm suffered where there is a causal relationship between the harm and an agreement or practice prohibited under article 101. Commission notice on the notion of state aid as referred to in article. Support schemes for electricity from renewable sources shall be marketbased and marketresponsive, subject to. Internal dg competition working documents on procedures for the application of. Chapter 11 article 108 tfeu procedure before the commission.
Jul 11, 2012 the treaty on the functioning of the european union tfeu organises the functioning of the union and determines the areas of, delimitation of, and arrangements for exercising its competences tfeu, p. Article 1071 of the treaty defines state aid as any aid granted by a member state or. Legal opinion concerning the competences of the european. As the learned readers of this blog know, on the one hand, article 1061 tfeu prohibits member states from adopting, with regards to public undertakings or undertakings bearing special or exclusive rights, any measure that would lead to an infringement of another treaty provision, including articles 101 and 102 tfeu and free movement provisions. On application by a member state, the council may, acting unanimously, decide that aid which that state is granting or intends to grant shall be considered to be compatible with the internal market, in derogation from the provisions of article 107 or from the regulations provided for in article 109, if such a decision is justified by. Antitrust law by richard markovits is without doubt one of the most impressive academic commentaries on us and eu antitrust law. Agreements that restrict competition by object under. By analyzing a great number of cjeu judgments delivered during the last five years, this article lays out both the conceptual and the political issues which arise when tax benefits are subject to control. Without prejudice to articles 107 and 108 tu, in order to reach the union target set in article 31 or more ambitious national targets, member states may apply support schemes. Commission regulation eu no 7172014 of 27 june 2014 on. Mar 21, 2010 the council, on a proposal from the commission and after consulting the european parliament, may make any appropriate regulations for the application of articles 107 and 108 and may in particular determine the conditions in which article 108 3 shall apply and the categories of aid exempted from this procedure. Article 107 of tfue defines when the state aid may be considered to be incompatible with the internal market. On 1 december the treaty of lisbon entered into force. However, an assessment of whether a project is state aid relevant is needed before support is.
See n17810 in authorisation for state aid pursuant to articles 107 and 108 of the tfeucases where the commission raises no objections oj c 312, 17. Articles 37, 106 and 345 tfeu for public undertakings and articles 14, 59, 93, 106, 107, 108 and 114 tfeu for public services, services of general interest and services of general economic interest. Chapter 12 article 109 tfeu determination of regulations regarding the application of arts 107 and 108 chapter regulation ec no 12003 on the implementation of the rules on competition chapter 14 regulation ec no 92004 on the control of concentrations between undertakings. Consolidated version of the treaty on the functioning of the. Without prejudice to articles 107 and 108 of the treaty on the functioning of the european union, this. It prohibits restrictive agreements between independent market operators acting either at the same level of the economy horizontal agreements, often as actual or potential competitors, or at different levels vertical agreements, mostly as producer and distributor. Article of the tfeu modified form of articles 107 1 and 108 3 conditions on modified articles 107 1 and 108 3 article 107 1 any aid granted by the state or through state resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between the united kingdom and. Articles 101 106 treaty on the functioning of the european union tfeu. Article 107 of the treaty on the functioning of the european union tfeu, in particular 107 3a and c thereof.
Notification under article 1072b tfeu description of. Jan 26, 2018 chapter 12 article 109 tfeu determination of regulations regarding the application of arts 107 and 108 chapter regulation ec no 12003 on the implementation of the rules on competition chapter 14 regulation ec no 92004 on the control of concentrations between undertakings. Agenda introduction to state aid control notion of state aid administrative procedure. Factsheet 4 guidance on state aid definition 15 september 2017 interreg 2 20 2. Treaty on the functioning of the european union tfeu. European commission, dg competition, private enforcement unit 8 indirect purchasers objective to ensure compensation for all categories of victims courage 2001, manfredi 2006. The tfeu is an amended and renamed version of the tec. Damages actions for breach of articles 101 and 102 tfeu. Core provisions of the treaty on the functioning of the european union tfeu, formerly called treaty establishing the european community ec article 107 of the tfeu. As was the case in the 2008 financial crisis and in other more localized crises stemming from natural disasters the commission has indicated its willingness to relax these rules, while maintain a certain degree of control over public support initiatives. Its core role is the regulation of monopolies, which restrict competition in private industry and produce worse outcomes for. Department for european policies articles 107 and 108.
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