SGEI as a Ground for a Special Regime in the Case Law of the CJEU Related to Public Services

摘要: This chapter studies the CJEU’s understanding of EU concept SGEI. It examines first how Court has shaped principles and conditions for application market rules to public services in its case law directly related Article 106(2) TFEU, developed under this provision a “balancing test” where financial economic allowing service missions be achieved may taken into consideration. The second part shows transposed “Article TFEU balancing free movement procurement cases, which gives “horizontal dimension” test. analysis that CJEU understands sentence 14 TFEU—and SGI Protocol interpreting it—as spelling principle is normative all law. concluded Court, albeit discreetly, begun shaping SGEI as broad constitutional law, overarching TFEU.