State Monopolies Under EC Law
-15%
portes grátis
State Monopolies Under EC Law
Prior-Logue, Anne; Logue, Anne; Blum, Francoise
John Wiley and Sons Ltd
12/1998
350
Dura
Inglês
9780471943532
0471943533
15 a 20 dias
870
The European Union has strict laws, embodied in the EC Treaty, on the conduct of competition within Europe. This text includes an examination of Article 90 in respect of the position of public undertakings and their compatibility with EC competition rules.
Foreword; Acknowledgements; Select bibliography; Stop press; Tables; National Cases; Cases before the European Court of Justice; Treaties; Commission Communications; Commission Decisions; Commission Directives; Commission Documents; Commission Notices; Commission Regulations; Council Directives; Council Regulations; European Parliament; National Legislation; Introduction; The new interpretation of Article 90 Structure of the book; PART I: ARTICLE 90; Chapter 1: Article 90(1): Member States' obligations; General meaning; Meaning of specific phrases: 'Member States' 'public undertaking' 'special and exclusive rights' 'measures'; Chapter 2: Article 90(2): permitted derogation from Treaty rules; General meaning; Original scope of application; Recent scope of application; Application of Article 90(2) to the mere existence of a monopoly; Link between Article 90(2) and Article 90(1); Corbeau and the necessity test; Specific phrases: 'services of general economic interest'; 'Does not obstruct in law or in fact the particular tasks assigned to them'; 'The development of trade must not be affected to such an extent as would be contrary to the interest of the Community'; Burden of proof; Direct effect of Article 90(2); Possible defences; Chapter 3: Article 90(3): Commission power to issue Directives or Decisions; General meaning; Commissions supervisory power; Commissions enforcement power; Differences between Decisions and Directives under Article 90(3); Article 90(3) Directives; Nature of Commission Directives; Applicable procedure; Commissions power to take normative measures by way of Directives only; Commissions power to legislate in respect of Article 90(1) measures; Examples of Commission Directives pursuant to Article 90(3); Principal features of Article 90(3); Directives leading to the abolition of monopolies Article 90(3); Decisions Right of defence in Article 90(3); Decisions Limited rights of complainants in Article 90(3) cases; Chapter 4: State-related undertakings and the competition rules: Articles 85 and 86 and Article 90; Article 86 Summary; Article 86 criteria; Traditional Article 86 abuses; Article 86 abuses characteristic of state-related undertakings Article 85; Chapter 5: State-related undertakings and the rules on the free movement of goods: Articles 30 to 37 and Article 90; Articles 30 to 34; Article 36; Article 37; General rules on free movement of goods: Articles 30 to 36; The traditional case-law of the Court; The recent case-law on monopolies over goods; Article 30 type restrictions; Conditions for exemption: justification and proportionality; Link between Article 30 infringements and Article 86 infringements; Rules governing State monopolies of a commercial character: Article 37; Monopolies covered by Article 37; Purpose and scope of Article 37; Comparison between the scope of Article 30 to 36 and Article 37; Link between Article 37 and Article 90; Chapter 6: State-related undertakings and the rules on the...
Este título pertence ao(s) assunto(s) indicados(s). Para ver outros títulos clique no assunto desejado.
The European Union has strict laws, embodied in the EC Treaty, on the conduct of competition within Europe. This text includes an examination of Article 90 in respect of the position of public undertakings and their compatibility with EC competition rules.
Foreword; Acknowledgements; Select bibliography; Stop press; Tables; National Cases; Cases before the European Court of Justice; Treaties; Commission Communications; Commission Decisions; Commission Directives; Commission Documents; Commission Notices; Commission Regulations; Council Directives; Council Regulations; European Parliament; National Legislation; Introduction; The new interpretation of Article 90 Structure of the book; PART I: ARTICLE 90; Chapter 1: Article 90(1): Member States' obligations; General meaning; Meaning of specific phrases: 'Member States' 'public undertaking' 'special and exclusive rights' 'measures'; Chapter 2: Article 90(2): permitted derogation from Treaty rules; General meaning; Original scope of application; Recent scope of application; Application of Article 90(2) to the mere existence of a monopoly; Link between Article 90(2) and Article 90(1); Corbeau and the necessity test; Specific phrases: 'services of general economic interest'; 'Does not obstruct in law or in fact the particular tasks assigned to them'; 'The development of trade must not be affected to such an extent as would be contrary to the interest of the Community'; Burden of proof; Direct effect of Article 90(2); Possible defences; Chapter 3: Article 90(3): Commission power to issue Directives or Decisions; General meaning; Commissions supervisory power; Commissions enforcement power; Differences between Decisions and Directives under Article 90(3); Article 90(3) Directives; Nature of Commission Directives; Applicable procedure; Commissions power to take normative measures by way of Directives only; Commissions power to legislate in respect of Article 90(1) measures; Examples of Commission Directives pursuant to Article 90(3); Principal features of Article 90(3); Directives leading to the abolition of monopolies Article 90(3); Decisions Right of defence in Article 90(3); Decisions Limited rights of complainants in Article 90(3) cases; Chapter 4: State-related undertakings and the competition rules: Articles 85 and 86 and Article 90; Article 86 Summary; Article 86 criteria; Traditional Article 86 abuses; Article 86 abuses characteristic of state-related undertakings Article 85; Chapter 5: State-related undertakings and the rules on the free movement of goods: Articles 30 to 37 and Article 90; Articles 30 to 34; Article 36; Article 37; General rules on free movement of goods: Articles 30 to 36; The traditional case-law of the Court; The recent case-law on monopolies over goods; Article 30 type restrictions; Conditions for exemption: justification and proportionality; Link between Article 30 infringements and Article 86 infringements; Rules governing State monopolies of a commercial character: Article 37; Monopolies covered by Article 37; Purpose and scope of Article 37; Comparison between the scope of Article 30 to 36 and Article 37; Link between Article 37 and Article 90; Chapter 6: State-related undertakings and the rules on the...
Este título pertence ao(s) assunto(s) indicados(s). Para ver outros títulos clique no assunto desejado.
