This book provides a detailed analysis of the objectives, principles, and methods of eu internal market law. Guide to the case law of the european court of justice on. On the other hand, contracting authorities operating in the cooling field are subject to the rules of directive 201424eu, whereas public undertakings and private undertakings, irrespectively of whether these latter operate on the basis of. To qualify, no intention to earn profits is required, nor are public bodies by. It does not contain any text from the authors themselves, but the story of eu competition law is entirely told through a smart selection of quotes from the commission and eu courts. Public bodies as undertakings under eu and uk competition law practice notes. New eu public procurement rules download ebook pdf, epub. The article covers the basic concepts of merger regulation under eu law. It is contended that state aid law is a potent instrument for private operators faced with competing public undertakings, and that state aid law may in fact impose requirements upon public authorities in terms of accounting separation and benchmarking, which go further than the requirements under e. European union law is the system of laws operating within the member states of the european union. Competition law of the eu and uk 7e builds on the strengths of mark furses original textbook to provide an engaging and approachable introduction to competition law. The eu has political institutions and social and economic policies.
According to its court of justice, the eu represents a new legal order of international law. In the eu public services, utilities and welfare services can be seen as both building blocks for the internal market and as a persistent irritant in the integration process. There are a total of twentyseven 27 countries that are eu member states. For the purpose of eu antitrust law, any entity engaged in an economic activity, that. The book is also comprehensively updated with the latest developments concerning the reform of the eu framework of horizontal cooperation between undertakings that took place at the end of 2010.
An examination of the legal framework of the eu internal market as established in the case law of the european court of justice, discussing in particular ec competition law, the free movement of goods, services, persons and capital, and the evolution of the interpretation of the provisions. Eu law and principles applied to fifa regulations jeanmichel marmayou to cite this version. Harm schepel an examination of the legal framework of the eu internal market. The treatment of health care by european competition law encapsulates more clearly than. This volume discusses the impact of the transfer of undertakings regime upon the public sector, particularly focusing on the interaction between the protection of employee rights and the restructuring and modernization of public services. For the purpose of eu antitrust law, any entity engaged in an economic activity, that is an activity consisting in offering goods or services on a given market, regardless of its legal status and the way in which it is financed, is considered an undertaking. Eu and uk competition law can apply to a public body as an undertaking engaged in economic and commercial activities, with public bodies capable of being deemed to be an undertaking in such circumstances. The transfer of undertakings in the public sector 1st. The protection of competition between national law and eu law. Joint ventures and eu competition law by luis silva morais. State aid and public undertakings with specific reference. In this article, the issue of impuability to the state of public undertakings decisionmaking is analysed and discussed in the context of the dsbfirst case. The european commission issued the transparency directive which compels member states to supply the.
As an undertaking may be made up of several persons, it is not always easy to know when it comprises a natural person, a legal person or a group of persons such as principal and agent, parent and subsidiaries or parents and jv and. In the concluding part of the book recent developments in jv antitrust law are put into context within the wider reform of eu competition law. Public services in eu law cambridge university press in the context of european union law, a public service obligation or pso means an obligation imposed on an organisation by legislation or contract to provide a service of general interest within the european union territories. The flipside of the european treatys neutrality between public and private ownership is the equal application of the competition rules to both public and private undertakings as indicated in article 861 of the ec treaty. This chapter examines how competition law applies to the actions of the state when it intervenes in the market through undertakings that it controls or owns or which it places in a privileged position. Eu competition law rules applicable to antitrust enforcement. There are various reasons for this developing eu focus on public intervention. The discussion includes the principle of union loyalty in article 43 teu.
Oxford competition law ocl is the only fully integrated service to combine recognised marketleading commentaries with rigorous, selective national case reports and analysis from eu member states. The article by article categorization and the extensive index ensure that influential cases are found quickly and easily. Commission directive 2006111ec of 16 november 2006 transparency of financial relations between member states and public undertakings as well as on financial transparency within certain undertakings codified version official journal l 318, 17. It introduces the reader to the legal peculiarities of eu internal market law, including its sources, instruments, methods of interpretation, effects, and. The boundaries of an undertaking in eu competition law by. This article considers how the boundaries of an undertaking or economic unit are identified in eu competition law.
Undertaking competition european encyclopedia of law. As explained on the cover page, the book was prepared as a part of a. The court of justice of the european union annuls a judgment of the general court of the european union on the interpretation of state resources concept in ruling that public undertakings resources necessarily fall within the scope of that concept since these undertakings are subject to. This book provides a comprehensive overview of the eu law on public services. A short reading list now that the starting gun has been fired on the eu referendum campaign, the idea of parliamentary sovereigntywhat it means, whether it is compatible with eu membership, and whether it can meaningfully be reasserted whilst the uk remains a member of the euis much. Written from a paneuropean perspective, it will be a useful guide for students and practitioners alike.
Recent cjeu case law on the transfer of assetreliant. After a critical analysis of national and eu regulations on competition, the article. The contributors address relevant eu law applicable to state aid in the aftermath of the recent state modernisation reform, and the coverage includes the following areas. The concept of public undertaking covers very different situations, primarily because of the many different reasons. The court of justice held that public bodies are undertakings for the purposes of. Public entities as undertakings under competition rules. This is a commentary on the two new ec directives on public procurement, which are due to be implemented and in force by january 2006, together with practical guidance upon their application and implementation in national law. International sports law and policy bulletin, 2015 1, slpc, pp. An undertaking over which the public authorities directly or indirectly exercise. Eu directives set out the policy objectives and goals that need to be attained.
The second edition of eu public procurement law provides a comprehensive view of the policies, legislation and cases that define this area of law. European union law oxford university press, 2014 533 24 cases 6 and 773, 6 march 1974 25 cases 6 and 773, 6 march 1974. State aid legislation transparency of public undertakings. Public undertakings and imputability the case of dsbfirst. The objective and principles of article 102 oup oxford, 2011 1 23 catherine bernard and steve peers. The eus legal foundations are the treaty on european union and the treaty on the functioning of the european union. With regard to aid granted to undertakings by public bodies, any aid has to be included in the calculation of turnover if the undertaking is itself the recipient of the aid and if the aid is directly linked to the sale of products and the. Ec state aid law represents an increasingly important part of ec competition law. In a criminal case, an undertaking of bail is security for t. Our cheap used books come with free delivery in australia. For this purpose, the paper explains the notion of undertaking as understood in the eu and slovenian competition law systems. Competition law lecture notes and topic summary eu law. Public services and public undertakings an analysis of the way in which public services are organized confirms the distinction between the two concepts.
Unlocking eu law routledge, 2014 416 22 renato nazzini. Dsbfirst is owned by the independent public undertaking dsb and the private undertaking firstgroup plc and won the contracts in the 2008 oeresund tender for the provision of passenger. This text provides an introduction to european union eu law on public procurement. The author offers a clear and precise explanation of the meaningand significance of the rules and identifies and discusses the problem areas in. In the case of public undertakings and undertakings to which member. This article describes the essentials which need to be looked after by the firms while doing the merging, acquisition of control or taking control of jv in the eu market. It deals especially with public bodies such as states, local communities, public institutes, and others that can also qualify as undertakings when they perform activities for pay in the market, and are thus obliged. Concept of undertaking provided by the glossary of terms used in eu competition policy antitrust and control of concentrations, published in 2002. Employers with operations in a country that is a member of the european union eu should be well versed with eu directives, as well as the specific countrys own domestics laws related to the eu directive. The case law at national and european levels is growing rapidly, both in quantity and importance.
States, stating that, in the case of public undertakings or undertak ings given. Maybin support services ire ta momentum support v kelleher ud873ud87420. State and market in european union law by wolf sauter april 2009. Economic and legal foundations of eu competition law. Official journal of the european union are authentic luxembourg, publications office of the european union, 20 isbn 9789279286087. It examines both public enforcement through the european competition network. Books book series online platforms open access books. Law of state aid in the european union oxford scholarship. Instead, a draft directive has been published which will set an objective for eulisted companies to achieve 40% representation of. Click download or read online button to get new eu public procurement rules book now. A written promise offered as security for the performance of a particular act required in a legal action. Public services in eu law by wolf sauter cambridge core. Significant and increasingly frequent legislative and regulatory measures have been adopted at the european level in this field.