State Monopolies Under EC Law

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...