Article 90 of the Treaty establishing the European Community

E868637

Article 90 of the Treaty establishing the European Community was a provision governing the treatment and regulation of public undertakings and undertakings with special or exclusive rights within the EU internal market, particularly in relation to competition rules.

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Statements (44)

Predicate Object
instanceOf provision of European Union law
treaty article
aimsTo ensure that public undertakings comply with EU competition rules
prevent distortion of competition by State measures granting special or exclusive rights
allows derogations for undertakings entrusted with services of general economic interest under certain conditions
appliesTo public undertakings
undertakings to which Member States grant exclusive rights
undertakings to which Member States grant special rights
basedOn principle of non-discrimination between public and private undertakings
bindingOn national authorities granting special or exclusive rights
public undertakings exercising economic activities
binds Member States of the European Community NERFINISHED
category EU competition law provision
EU internal market provision
concerns application of competition rules to public undertakings
application of competition rules to undertakings with special or exclusive rights
ensures that competition rules apply equally to public and private undertakings
enteredIntoForceWith Treaty of Rome NERFINISHED
hasLanguageVersionsIn all official languages of the European Community
hasSuccessor Article 106 of the Treaty on the Functioning of the European Union NERFINISHED
historicallyImportantFor development of EU law on public undertakings
liberalisation of former State monopolies in the EU
interpretedBy Court of Justice of the European Communities NERFINISHED
legalNature directly applicable provision in Member States
linkedTo liberalisation of sectors such as telecommunications and energy
public enterprises in network industries
state monopolies of a commercial character
locatedInTitle Title on competition rules of the Treaty establishing the European Community
objective to reconcile public service obligations with competition rules
partOf Treaty establishing the European Community NERFINISHED
primary law of the European Union
regulates treatment of public undertakings in the internal market
treatment of undertakings with special or exclusive rights in the internal market
relatedTo Article 85 of the Treaty establishing the European Community NERFINISHED
Article 86 of the Treaty establishing the European Community
rules on State measures affecting competition
rules on abuse of a dominant position
scopeIncludes services of general economic interest
subjectTo interpretation in light of the objectives of the internal market
interpretation in light of the objectives of undistorted competition
usedAsLegalBasisFor infringement proceedings by the European Commission
usedIn competition law enforcement against State measures
wasLaterReplacedBy Article 106 TFEU NERFINISHED
wasRenumberedAs Article 86 EC after the Treaty of Amsterdam renumbering

Referenced by (1)

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TFEU Article 106 historicalPredecessor Article 90 of the Treaty establishing the European Community