15. Enforcement of EU competition law

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the enforcement of EU competition law. It covers the enforcement regime; burden of proof; the relationship between Articles 101 and 102 TFEU, and national competition laws; cooperation with national authorities; cooperation with national courts; the powers of the competition authorities of the Member States; the European Commission’s powers; safeguards for undertakings; the 2006 Leniency Notice; and private enforcement.

11. Free movement of persons

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the scope of the right of the free movement of persons in the EU; the relevant Treaty provisions and secondary legislation provisions regarding the free movement of persons in the EU; the specific rights granted to workers and EU citizens under their general right of free movement; and limitations on the rights of free movement as provided for in primary and secondary legislation.

7. Challenging EU action or inaction

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the role of the Court of Justice in ensuring that the rule of law in the EU is observed both by Member States and EU Institutions. The chapter examines infringement actions under Article 258 TFEU, and financial penalties for Member States under Article 260 TFEU. The discussion of judicial review considers acts that may be challenged; who can bring an action under Article 263 TFEU; permissible applicants under Article 263 TFEU; non-privileged applicants; reforming the criteria for locus standi for non-privileged applicants. The chapter also explains the grounds for annulment; the effect of annulment; the plea of illegality; failure to act; and the relationship between Article 263 TFEU and Article 265 TFEU.

13. Competition law: Article 101 TFEU

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter focuses on Article 101(1) TFEU, which prohibits agreements between undertakings, decisions by associations of undertakings, and concerted practices that may affect trade between Member States, and which have as their object or effect the prevention, restriction, or distortion of competition within the internal market. All three elements must be satisfied to establish a breach of Article 101(1). This chapter also considers the implications of the new Commission Notice on Agreements of Minor Importance (de minimis) (2014).

2. The official institutions of the European Union

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the official institutions of the EU, covering the composition, functions, and powers of the European Parliament; the Council of the European Union; the Commission; the Court of Justice of the European Union; the European Council; the European Central Bank; and the Court of Auditors. This chapter also briefly discusses the Economic and Social Committee and the Committee of the Regions; and addresses, where applicable, the immediate and potential impact of the Brexit referendum.

6. Preliminary references

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter considers the procedure whereby a national court may make a preliminary reference to the Court of Justice under Article 267 TFEU and receive a preliminary ruling on the questions which it has referred. The chapter examines the questions of law that may be referred to the Court of Justice; the criteria for the ‘court or tribunal’ which may make a reference; from which courts a reference is discretionary and from which it will be mandatory; references concerning the interpretation and validity of EU law; national courts’ decision-making process in preliminary references and the relevant guidelines and exceptions; procedures in the Court of Justice for dealing with preliminary references under Article 267 TFEU; and the effects of a preliminary ruling.

4. Enforcing EU law rights in national courts

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the development of the concepts of the direct effect and indirect effect of EU law—in other words, the rights of an individual or business to rely on a provision of EU law in their national courts; the rules that apply to the grant of remedies in national courts for breach of directly or indirectly effective EU law; and the relationship between direct and indirect effect, and the principle of State liability.

1. The origins of the European Union and EU law

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the history of the European Union. It covers the historical rationale for the EU; the aims of the EU; the four stages of economic integration; economic and political difficulties; expansion of membership; institutional developments; legal developments; closer European integration; the Treaty of Rome (1957), the Single European Act (1986); the Treaty on European Union (1992); the Treaty of Amsterdam (1997); the Charter of Fundamental Rights; the Treaty of Nice (2001); the Treaty of Lisbon (2007); and the potential process for and impact of ‘Brexit’.

14. Competition law: Article 102 TFEU

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter focuses on Article 102 TFEU, which prohibits as incompatible with the internal market ‘any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it … in so far as it may affect trade between Member States’. Article 102 is enforced by the European Commission, national competition authorities, and national courts under powers conferred by Regulation 1/2003.

12. Freedom of establishment and freedom to provide and receive services

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter first discusses the freedom of establishment, distinguishing between the freedom of establishment for natural persons and the freedom of establishment for legal persons; and then considers the freedom to provide and receive services, explaining the possible derogations to both freedoms.