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European Competition Law

A Case Commentary, Second Edition

Edited by Weijer VerLoren van Themaat and Berend Reuder

This updated second edition explains EU competition law by presenting the relevant legal provisions together with carefully selected case extracts pertaining to those provisions. The book’s unique structure enables users to quickly locate information on procedural and substantive aspects of competition law. Containing an article by article overview of EU competition law jurisprudence and concise selected extracts from judgments in key cases, this book serves as an easy to navigate resource for practitioners, academics and competition authorities themselves.
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Chapter 2: ARTICLE 4 TEU

A Case Commentary, Second Edition

Extract



1.     In accordance with Article 5, competences not conferred upon the Union in the Treaties remain with the Member States.

2.     The Union shall respect the equality of Member States before the Treaties as well as their national identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government. It shall respect their essential State functions, including ensuring the territorial integrity of the State, maintaining law and order and safeguarding national security. In particular, national security remains the sole responsibility of each Member State.

3.     Pursuant to the principle of sincere cooperation, the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties.

        The Member States shall take any appropriate measure, general or particular, to ensure fulfilment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union.

        The Member States shall facilitate the achievement of the Union’s tasks and refrain from any measure which could jeopardise the attainment of the Union’s objectives. (TEU 3; TFEU 101, 102, 107, 108; Protocol (No 27) on the internal market and competition)



A.  Duty not to jeopardise Union objectives Re. Arts 101 and 102 TFEU   2.01

B.  Duty not to jeopardise Union objectives Re. Arts 107 and 108 TFEU   2.14

C.  Procedural aspects   2.15

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