This paper aims to analyze the historical development of competition law in the european union, the eu treaties, regulations and directives, which guarantee the protection of competition in the european community. Give the shortened title in parentheses before the pinpoint reference. Jul 11, 2012 the treaty on the functioning of the european union tfeu organises the functioning of the union and determines the areas of, delimitation of, and arrangements for exercising its competences tfeu, p. This treaty and the treaty on european union constitute the treaties on which the union is. A separate chapter in the guide concerning article 56 tfeu is dedicated to the case law on directive 2006123 ec on services in the internal market services directive. 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. The relationship between articles 37 and 90 is explored in. 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 values of the union as well as their role in promoting social and territorial cohesion, the union and the. Article 355 tfeu ex article 2992, first subparagraph, and article 2993 to 6 tec article 355 in addition to the provisions of article 52 of the treaty on european union relating to the territorial scope of the treaties, the following provisions shall apply. Environmental protection and article 30 eec treaty, common.
See the eu version of this legislation on eurlex opens in new window. Eu law referencing oscola libguides at university of. Guidelines on the implementation of article 17 tfeu by the european commission article 17 tfeu 1. After each treaty amendment, acts prior to the amendment must retain their numbering and original title. The teu forms the basis of eu law, by setting out general principles of the eu s purpose, the governance of its central institutions such as the commission, parliament, and council, as well as the rules on external, foreign and security. Declaration on article 1684c of the treaty on the functioning of the european union. Freedom of establishment and article 56 tfeu et seq. To further help understanding of the lisbon treaty, the government is also. It is, however, surprising that there is much older, yet strikingly similar, case law of the us supreme court which has remained almost unnoticed in europe. Protocols annexed to the treaty on european union and to the treaty establishing the european community protocol 2 integrating the schengen acquis into the framework of the european union 1997 protocol 3 on the application of certain aspects of article 14 of the treaty establishing the european community to the united kingdom and. It is, however, surprising that there is much older, yet strikingly similar, case law of the us supreme court which has remained almost.
The eu treaty consisted of articles designated by letters or by letters and numbers. The legitimacy of the provision of the article 454 of the. Article 30 15a draws on article 22 teu, with new elements reflecting the role of the high. Ec treaty, the parties to the proceedings before the general court shall. Treaty establishing the european community nice consolidated version part three. The crux of this is described in article 28 tfeu, which provides that the union shall comprise a customs union which shallinvolve the prohibition between member states of customs duties on imports. The legal significance of article 11 tfeu for eu institutions. The treaty of rome, officially the treaty establishing the european economic community or eec treaty in short brought about the creation of the european economic community eec, the bestknown of the european communities ec. 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 101 tfeu is one of the most prominent treaty provisions on competition. Iv, issue 8 november 2016 6945 articles 101 and 102 tfeu are the most prominent treaty provisions on competition. Following the entry into force of the lisbon treaty, the ec treaty has been. As such the texts are illustrative and do not have legal force. 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.
Include both the formal and shortened names of the treaty if the latter exist in the first reference to a treaty. In search of the limits to article 30 of the eec treaty 1989 26 cmlr 2 235. Article 30 ec treaty maastricht consolidated version article 30 eec. Consolidated version of the treaty on european union. The provisions on the free movement of goods ex articles 28 30 ec have remained unchanged, but received a new numbering as articles 3436 tfeu. The discussion on relationship between article 110 and 30 will be explained later on the topic of the. Declaration on article 126 of the treaty on the functioning of the european union. Learn vocabulary, terms, and more with flashcards, games, and other study tools. On 7 february 1992, the maastricht treaty, which led to the formation of the european union, saw the eec treaty renamed as the treaty establishing the european community tec and renumbered. Treaty establishing the european economic community. The lisbon treaty and tax legislation in the eu taxation. European union tfeu, as those treaties are amended by the treaty of lisbon, with the articles of the existing teu and tec. Two fundamentally important provisions related to the european unions commitment to establishing an internal market are found in articles 30 and 110 of the treaty on the functioning of the european union tfeu.
The tfeu originated as the treaty establishing the european economic community the eec treaty, signed in rome on 25 march 1957. The guides are produced and updated by the european commission, internal market, industry. Enterprise and industry derogations of article 30 ec an exhaustive list of grounds for derogationsexhaustive list of grounds for derogations public morality, public policy public security protection of the health and life of humans, animals and plants protection of national treasures possessing artistic. Consolidated versions of the treaty on european union and the treaty on the functioning of the european union tfeu 2016 oj c2021. Treaty on the functioning of the european union tfeu. Article 30 of the treaty on the functioning of the european union 1 was introduced as part of the provisions relating to the free movement of goods. The provisions of articles 30 to 34 inclusive shall not be an obstacle to prohibitions or.
A separate treaty among eurozone states, named the treaty establishing the european stability mechanism, was also agreed to which established the esm and set out the details of how it would operate. The tfeu is an amended and renamed version of the tec. Formerly known as the ec treaty, the treaty of rome or the treaty establishing the european community. Consolidated version of the treaty on european union 2008 oj c115. Consequently, article 110 and 30 of the eec treaty are the main instruments used to guarantee the freedom of movement for goods, while still preserving the goods. This treaty has changed its name over time, originally signed in rome in 1957 as the treaty establishing the european economic community the treaty of rome then becoming treaty establishing the european community. Teu treaty on european union i treaty of amsterdam treaty of amsterdam amending the treaty on european union, the treaties establishing the european communities and certain related acts annex tables of equivalences referred to in article 12 of the treaty of amsterdam treaty on european union official journal c 340, 10111997 p. Goods not fulfilling the conditions laid down in articles 28 and 29 of the treaty on the functioning of the european union. The treaty on the functioning of the eu tfeu, under article 1, specifically provides for the council, acting unanimously in accordance with a special legislative procedure and after consulting the european parliament and. Community, and their protocols, as amended by the lisbon treaty. Glossarytreaty on the functioning of the european union tfeu related contentone of the two main treaties that form the basis of eu law. Declaration on article 1072c of the treaty on the functioning of the european union.
Convention on certain institutions common to the european communities merger treaty treaty establishing a single council and a single commission of. Article 3 for the purposes set out in article 2, the activities of the community shall include, as provided in this treaty and in accordance with the timetable set out therein a the elimination, as between member states, of customs duties and of quantitative restrictions on the import and export of goods, and of all other measures having. How to understand the right of the member state to withdraw the european union. Article 10 of the treaty on the functioning of the. Glossarytreaty on the functioning of the european union tfeurelated contentone of the two main treaties that form the basis of eu law. Draws on article 22 teu, with new elements reflecting the. Article 101 of the treaty on the functioning of the european union prohibits cartels and other agreements that could disrupt free competition in the european economic areas internal market. Treaty establishing the european economic community with a view to establishing the european community title ii provisions on democratic principles article 8 repealed 5 article 9 article 10 6 1 replaced, in substance, by article 7 of the treaty on the functioning of the european union tfeu and. Abstract article 102 tfeu prohibits anticompetitive behaviour by dominant undertakings, and, together with article 101 tfeu, stands in the centre of the competition policy of the eu. The union respects and does not prejudice the status. The provisions of article 30 and of chapter 3 of this title shall apply to products originating. Sjafjell, beate, the legal significance of article 11 tfeu for eu institutions and member states november 24, 2014. Guidelines on the implementation of article 17 tfeu by the.
Article 30 tfeu, or internal taxation measures restricting free movement. Eec since each member state relies on nationalized industries to varying degrees. Reference should be made to command paper 7294 for the text of the lisbon treaty itself. Treaty establishing the european stability mechanism. Its title is now treaty on the functioning of the european union. In references to treaty articles, careful attention must be paid to the different historical changes that have occurred, particularly with regard to the renumbering of the treaty on european union. The european community article g the treaty establishing the european economic community shall be amended in accordance with the provisions of this article, in order to establish a european community.
Care had to be taken not to use the wrong references, such as article a of the treaty on european union, which was a reference to the ec treaty. Its core role is the regulation of monopolies, which restrict competition in private industry and. The following shall be seen as incompatible with the internal market. The article numbers in the lefthand column correspond to the renumbering provided for in article 5 of, and the annex to, the treaty of lisbon and, consequently, to the numbering used in. For the first time in eu primary law, the treaty of lisbon under article 17 tfeu explicitly introduces a. The treaty on european union 2007 is one of the primary treaties of the european union, alongside the treaty on the functioning of the european union. Article 30 of the treaty on the functioning of the european union tfeu contains an absolute prohibition on customs duties and measures that have an equivalent effect. Article 2 it shall be the aim of the community, by establishing a common market and progressively approximating the economic policies of member states, to promote throughout the community a harmonious development of economic activities, a. The principle of equal pay for equal work and work of equal value in article 141 ec treaty under article 1411 ec treaty, member states are obliged to ensure that the principle of equal pay for men and women for equal work or work of equal value is applied. It was signed on 25 march 1957 by belgium, france, italy, luxembourg, the netherlands and west germany and came into force on 1 january 1958. The provisions on the free movement of goods ex articles 2830 ec have.
Protocol to the agreement on the member states that do not fully apply to the schengen acquis joint declarations 2007 oj l129 35. Article 33 teu states that the european union is to establish an internal market, which, in accordance with protocol no 27 on the internal market and competition, annexed to the treaty of lisbon oj 2010 c 83, p. In this paper it will discuss the general framework of both articles by analyzing all the elements of the articles, such us. This table compares each article of the treaty on european union teu and of the treaty establishing the european community tec, renamed the treaty on the. You have chosen to open the whole treaty as a pdf the. Article 14 ex article 16 tec 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 values of the union as well as their role in promoting social and territorial cohesion, the union and the. The tfeu includes enhancements to the social dimension of the european union. By the present treaty, the high contracting parties establish among themselves a european economic community.
Paragraph 2 of the article 26 establishes that the internal market shall comprise an area without. 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. Treaty on the functioning of the european union eurlex. Of course, the decision in that case rested on the application of the provisions of the treaty establishing the european economic community, 9 rather than article 30 and one may therefore wonder whether introducing article 30 had any new legal purpose. This edition of the treaties establishing the european communities and documents concerning accessions to those communities is published. The legitimacy of derogation of article 45 tfeu embedded in paragraph 4 will be analyzed not only in legal, but also political, social, philosophical, cultural and other required levels. Treaty establishing the european community nice consolidated version part. Consolidated version of the treaty on the functioning of the. Article 1 by this treaty, the high contracting parties establish among themselves a european economic community. Animal welfare article of the treaty on the functioning of. This treaty organises the functioning of the union and. The following article examines the application of art. The treaty framework of article 101 tfeu relies on its.
The european parliament and the council may, by means of directives adopted in accordance with the ordinary legislative procedure, establish minimum rules concerning the definition of criminal offences and sanctions in the areas of particularly serious crime with a crossborder dimension resulting from the nature or impact of. Article 45 of the tfeu generally states that freedom of movement for workers shall be secured within the european union. Taking article 11 tfeu seriously, beate sjafjell and anja wiesbrock eds, routledge 2015, pp. Free movement of goods european commission european union. Treaty on the functioning of the european union eurofound. In search of the limits to article 30 of the eec treaty. Article tfeu title ii of the treaty on the functioning of the european union lists a number of key principles that should be respected by the eu. Free movement of goods articles 28 30 ec and mutual. Article 30 states that customs duties on imports and exports, and charges having equivalent effect, are prohibited between member states, which prohibition also applies to customs. Following the entry into force of the lisbon treaty, the ec treaty has been amended and renamed the treaty on the functioning of the european union tfeu. This treaty marks a new stage in the process of creating an ever closer union among the peoples of. Declaration on article 156 of the treaty on the functioning of the european union. Without prejudice to article 4 of the treaty on european union or to articles 93, 106 and 107 of this treaty, and given the. Article 102 of the treaty on the functioning of the european.
Prohibiting restriction of free trade within the community. Article 95 ec treaty article 114 tfeu grants power to harmonize the laws. Teu and the tfeu by virtue of the treaty of lisbon. The provisions of article 30 and of chapter 3 of this title shall apply to products originating in member states and to products coming from third. There are numerous publications on the interpretation of article 30 of the ec treaty by the european court of justice 1 which for the last 20 years has been one of the most controversial issues in ec law. Article 30 reads the provisions of articles 28 and 29 shall not preclude. Article part of title ii of the treaty provides that in formulating and implementing the unions agriculture, fisheries, transport. New numbering of the treaty on european union article 22 moved article 15a article 30 article 23.
Declaration on article 174 of the treaty on the functioning of the european. Treaty european union website, the official eu website. Consolidated version of the treaty on the functioning of. Article 115 eec treaty and trade with eastern europe. Article 101 of the treaty on the functioning of the. Article 30 article 36 ec treaty maastricht consolidated version article 36. According to article 26 of the treaty on the functioning. Upon receiving instruction to challenge a national tax, it is useful intuition first of all to assess whether what client is complaining about, is not actually a customs duty or charge having equivalent effect per article 30 tfeu previously 25 ec, rather than an internal tax. According to article 26 of the treaty on the functioning of. The interpretation of article 30 of the ec treaty and the. Article 115 eec treaty enables a member state to block indirect imports of goods stemming from countries outside the community which have first been imported by another member state, and thus helps to preserve the existence of national commercial policies as opposed to a uniform community system. Free movement of goods in the eu universiteit leiden. Gormley theproblem of accommodating the tensions ofpower between the eu ropean economic community and individual member states is particularly acute in the area ofprohibitions on restriction offree trade within the com. Have decided to create a european economic community and to this end have designated as their plenipotentiaries.