Article 106 TFEU is Dead. Long Live Article 106 TFEU

摘要: This chapter raises the question of purpose Article 106 TFEU (ex 86 EC). 106(2) is traditionally seen as a derogation to Treaty provisions and has an awkward role in Chapter on competition. Bekkedal notes conventional reading provision that it autonomous exception all not confined specific types infringement TFEU. The view also takes position can be invoked by Member States undertakings. Bekkedal, contrast, radical view. He argues only makes point should turned into general clause EU law because primarily targeted at economic objectives. In relation fundamental free movement objectives are not, principle, accepted legitimate justifications rules. European Courts take softer approach application principle proportionality when applying TFEU, whereas classical strict: ‘a least restrictive alternative’ assessment challenged restriction competition cross-border trade. If applied with these standards for review, could compromise Internal Market project. finds new considered value statement fulfilling concept ‘European Social Model.’