European Business Law, the fourth volume in our series, shows how the European authorities simultaneously abolish all restrictions on access to and exercise of economic activities and support the growth of domestic markets, through the harmonization the internal legislation or the enactment of genuinely unified regulations.

European Business Law

According to Article 37 TFEU:
"1. Member States shall adjust any State monopolies of a commercial character so as to ensure that no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States. 
The provisions of this Article shall apply to any body through which a Member State, in law or in fact, either directly or indirectly superv …

Principle

"1. Member States shall adjust any State monopolies of a commercial character so as to ensure that no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States. 

The provisions of this Article shall apply to any body through which a Member State, in law or in fact, either directly or indirectly supervises, determines or appreciably influences imports or exports between Member States. These provisions shall likewise apply to monopolies delegated by the State to others.

2. Member States shall refrain from introducing any new measure which is contrary to the principles laid down in paragraph 1 or which restricts the scope of the articles dealing with the prohibition of customs duties and quantitative restrictions between Member States.

3. If a State monopoly of a commercial character has rules which are designed to make it easier to dispose of agricultural products or obtain for them the best return, steps should be taken in applying the rules contained in this Article to ensure equivalent safeguards for the employment and standard of living of the producers concerned."

The text, to be found in Title II of the Treaty entitled “Free movement of goods”, is designed to ensure compliance with that principle by the abolition of quantitative restrictions and measures having equivalent effect in intra-EU trade, and thereby to maintain normal conditions of competition between the Member States should a given product, in one of other of those States, be subject to national a monopoly of a commercial character . Its scope of application is the same as the scope of Articles 28 and 30 TFEU.

Case C-347/88 Commission v Greece [1990] ECR I-4747, LawLex200900000434JBJ; Case C-157/94 Commission v Netherlands [1997] ECR I-5699, LawLex200900000617JBJ.

European Business Law

67. Principle

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Les décisions de justice citées dans ce paragraphe :

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Les notions juridiques connexes

67. Principle

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Sous parties

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise