The tfeu includes enhancements to the social dimension of the european union. Pdf the permissibility of indirect environmental taxes. False official statement ucmj article 107 military offenses. Authorisation for state aid pursuant to articles 107 and. Commission regulation eu no 7172014 of 27 june 2014 on. The interplay between eu structural funds and eu state aid under article 107 and 108 of tfeu. The application of article 102 tfeu by the european commission and the european courts romano subiotto qc, and david r. The aim of this dissertation is to examine when indirect environmental taxes are permissible under the rules concerning prohibited state aid in the european union. The method applied to the dissertation is traditional legal dogmatics, which is. Glossarytreaty on the functioning of the european union tfeu related contentone of the two main treaties that form the basis of eu law. 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. 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. Exclusive or special rights under article 106 tfeu.
Commission regulation eu no 7172014 of 27 june 2014 on the application of articles 107 and 108 of the treaty on the functioning of the european union to. However, even if the concept of state aid has become increasingly elastic, it does not embrace all possible state measures which distort competition. As from 1 december 2009, the lisbon treaty significantly revised and renamed the treaty on the functioning of the european union. Treaty on the functioning of the european union tfeu.
Its core role is the regulation of monopolies, which restrict competition in private industry and produce worse outcomes for consumers and society. Suspension of infringement proceedings under article 107. Council regulation eu no 73420 amending regulation ec no 6591999 laying down detailed rules for the application of article 93 of the ec treaty council regulation ec no 6591999 of 22 march 1999 laying down detailed rules for the application of article 93 now art. Articles 107 and 108 of the treaty on the functioning of the european. Articles 107 and 108 of the treaty on the functioning of. Article 101 of the treaty on the functioning of the european union tfeu prohibits any agreements or cartels between member states that could disrupt free competition within the internal market. Under the state aid rules, article 108 tfeu imposes notification and standstill. Article 3 of the treaty of the european union teu articles 3, 4, 5 and 6 of the tfeu. Tfeu in the following terms, when translated into english. The best known of these rules are articles 107 and 108, which concern state aid. The analysis focusses on the selectivity criterion, as it is the most crucial criterion in respect of state aid granted in the form of a tax burden reduction section 2. A case commentary explains eu competition law by presenting the relevant legal provisions together with carefully selected case extracts pertaining to those provisions. Phedon nicolaides, the eu commission issues a new regulation declaring certain categories of aid compatible with the internal market in application of articles 107 and 108 tfeu, 17 june 2014, ecompetitions june 2014, art.
State aid in the sense of article 1071 has four characteristics. Pdf the development of the european commission policy. Consolidated version of the treaty on the functioning of. Article 107 of the treaty on the functioning of the european union. On 2 march 2016, the german bundeskartellamt bka launched an investigation against facebook under art. In which issue of the official journal was the most recent consolidated text of the tfeu published. 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. Any person subject to this chapter who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a. Article 1071 of the treaty defines state aid as any aid granted by a member state or. Application of articles 107 and 108 tfeu to certain. Internal dg competition working documents on procedures for the application of. Article 102 tfeu abuse of a dominant position chapter 4. Chapter 11 article 108 tfeu procedure before the commission.
Tax incentives, harmful tax competition and state aid. 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. 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. Iv, issue 8 november 2016 6945 articles 101 and 102 tfeu are the most prominent treaty provisions on competition. Parliament, may make any appropriate regulations for the application of articles 107 and 108 and may in. 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. Article 106 tfeu only provides for the second form of. Chapter 12 article 109 tfeu determination of regulations regarding the application of arts 107 and 108. The european commission is responsible for the enforcement of article 107 tfeu pursuant to procedural rules provided for by article 108 tfeu. Article 101by angus coulter, hogan lovells international llprelated contentthis practice note considers the scope and application of article 101 of the treaty on the functioning of the european union tfeu to commercial agreements. Notification under article 1072b tfeu description of the. Article 1083 of the ec treaty requires you to notify the commission of. It concerns hard core restrictions of competition like cartels as much as efficiency enhancing agreements. Exemptions to this prohibition are provided by the tfeu art.
Article 102 tfeu complements the regulations of eu competition law dealing with agreements between two or more undertakings. The provision restricts certain conduct by undertakings which have a dominant position in a given market. The tfeu is an amended and renamed version of the tec. Commission notice on the notion of state aid as referred to in article 107 1 tfeu. Not all measures constituting state aid are prohibited. Article 101 prohibits agreements that have as their object or effect the restriction, prevention or distortion of competition within the eu and. Commission notice on the notion of state aid as referred to in article. The contradictions that covid19 is creating in italy are our main focus at the moment. On 19 december 2017, in its preliminary assessment, the authority declared that facebook is abusing its dominant position through the imposition of misleading privacy policies regarding data collected from thirdparty websites. 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. Article 10711 of the treaty on the functioning of the european union the tfeu. State aid manual of procedures european commission. The application of article 102 tfeu by the european. The interplay between industrial policy and state aid van doorne.
Rather, according to article 108 tfeu, all new state aid measures according to the five criteria set out in article 107 tfeu have to be notified to the european commission. Authorisation for state aid pursuant to articles 107 and 108 of the tfeu cases where the commission raises no objections text with eea relevance. Article 107 and 108 of the treaty on the functioning of the european union to shortterm. Indeed, it follows directly from article 1071 tfeu that the grant of state aid is. Introduction at the end of 2012, there were a total of 30 active article 102 tfeu dossiers. Article 3 of the treaty of the european union teu article 3 of. Article 101 tfeu is one of the most prominent treaty provisions on competition. Aid granted by member states under article 1073b tfeu under. This chapter shows that although a state might grant exclusive rights for environmental reasons, the first form of environmental integrationthe prevention of conflictis not possible under article 106 tfeu. 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. Aid intensity under article 1072b tfeu, aid may cover up to 100%. In this paper it will discuss the general framework of both articles by analyzing all the elements of the articles, such us. The measures taken undoubtedly restrict peoples individual freedom, but they are also a necessity as far as central and local administrations are concerned.
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. The interplay between eu structural funds and eu state aid. The development of the european commission policy and caselaw after altmark on the relationship between articles 107 1 and article 1062 tfeu. Suspension of infringement proceedings under article 107 and 108 tfeu. For the purposes set out in article 3 of the treaty on european union, the activities of the member states and the union shall include, as provided in the treaties, the adoption of an economic policy which is based on the close coordination of member states economic policies, on the internal market and on the definition of common objectives, and conducted. 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. Application of articles 107 and 108 tfeu to certain categories of horizontal state aid. Article 101 tfeu is one of the three pillars of eu competition law. Treaty on the functioning of the european union eurofound. Article 102 of the treaty on the functioning of the. Save as otherwise provided in the treaties, any aid granted by a member 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 member states, be incompatible with the internal market. The eu commission issues a new regulation declaring.
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