Article 108(2) TFEU as a Tool for the Commissionto Bypass Article 258 TFEU Proceedings
| Autor: | Marek Rzotkiewicz |
|---|---|
| Jazyk: | angličtina |
| Rok vydání: | 2018 |
| Předmět: | |
| Zdroj: | Yearbook of Antitrust and Regulatory Studies, Vol 11, Iss 18, Pp 209-225 (2018) |
| Druh dokumentu: | article |
| ISSN: | 1689-9024 2545-0115 |
| DOI: | 10.7172/1689-9024.YARS.2018.11.18.8 |
| Popis: | The legal basis the European Commission (EC) choses for its actions when it finds a Member State’s action (or inaction) to be in breach of its obligations stemming from its EU membership vary in different fields of law. This is particularly visible in State aid on one side, and general infringement proceedings on the other. But the line between the general character of a possible infringement and that of State aid law is sometimes blurred and difficult to establish. This article analyses if the EC does not abuse its powers when it chooses Article108(2) TFEU, instead of Article 258 TFEU. A positive answer to that question is difficult to find and controversial. However, given the benefits the EC gains by taking action under Article 108(2) TFEU, it is visible that the EC’s choice can be biased because of those benefits. |
| Databáze: | Directory of Open Access Journals |
| Externí odkaz: |
|