Exception of
6 important questions on Exception of
ECJ case C-169/94, judgement of 23 Oct 1997, COM/France. What were the facts of the case?
- French law of 1946 on nationalization of electricity and gas supply
- generation/production, transmission/transport, distribution, import and export of electricity and combustible gas reserved to public undertakings of commercial character
ECJ case C-169/94, judgement of 23 Oct 1997, COM/France. What was the decision of the ECJ?
- Narrow interpretation of what is now art 106 para 2 TFEU
- necessity
- but: mS may take account of objectives pertaining to their national policy or endeavor to attain them by means of obligations and constraints
- in case of obstruction of the performance, in law or in fact, of special tasks
- EDF/GDF undertakings fulfill tasks in the general economic interest
In order to ensure the performance of SGEI, states generally may choose between two alternatives:
- Direct support via subsidies
- Cross-subsidiation
- extending competitive protection to neighboring, profitable markets
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ECJ case C-475/99, judgement of 25 Oct 2001, Ambulanz Glöckner. What were the facts of the case?
- until 1989: patient transport services as a mode of conveyance of persons by hired car
- from 1989 onwards: granting of authorisations to independent (private) providers only where it is not likely to have considerable adverse effects on the functioning of the emergency transport service
- patient transport profitable; emergency transport not cost-covering (24 h service; large territory)
- Cross-subsidisation: deficits in case of emergency transport covered by income from (regular) patient transport
ECJ case C-475/99, judgement of 25 Oct 2001, Ambulanz Glöckner. What was the decision of the ECJ?
- Infringement of Art 106 para 1 TFEU in conjunction with Art 102 TFEU?
- Two separate markets: emergency transport and regular patient transport
- Reserving an ancillary transport activity which could be performed by independent providers -> constraint to the detriment of consumers
- abuse of a dominant position (fulfilled)
- Exception according to Art 106 para 2 TFEU applicable?
- Is restriction of competition necessary to enable undertakings concerned to perform SGEI under economically acceptable conditions?
- Required: offsetting of less profitable sectors against profitable sectors
What is obstruction of performance of assigned tasks?
- Wording suggest strict interpretation
- mee recent case law less restrictive!
The question on the page originate from the summary of the following study material:
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