search

… If one regards the allocation of funds to a particular undertaking as the grant of an exclusive right to that undertaking, with the consequence that such a grant itself gives the undertaking a dominant position, the law on is deprived of all effect. (42) However, it must be recalled that the two sets of rules are applied - I need only to the Commission’s exclusive competence to investigate the compatibility of with the common market. (43) 63. …

… In a case in which the public undertaking from other economic operators only in the fact that it receives , it does not appear possible for it to derive its dominant market position solely from the fact of granting of funds. A dominant position of the AMMs may, however, arise from the statutory definition of their tasks in relation to port infrastructure. (44) 64. …

… (i) Abuse (ii) Affecting trade between Member (e) under Article 86(2) EC (i) Services of general economic interest (ii) Necessity (f) The fifth question, in so far as it concerns abuse of a dominant position V - The third question, and the fifth question in so far as it concerns A ─ Submissions of the parties B ─ Legal analysis 1. …

… The issues are essentially whether the law contains in favour of farmers and slaughterhouses which receive a service free of charge, of carcass disposal undertakings and paid by the for the operation of the service in question, and/or of those small meat retailers who do not have to pay the meat purchase tax. 3. …

… Among the important issues raised in this case is one recently considered by the Court in Ferring (2) and currently before the Court in Altmark Trans, (3) namely whether, and under what conditions, financial compensation granted by a Member to an undertaking providing a public service should be regarded as . General background 5. …

… Those questions arise in proceedings in which a meat retailing supermarket requests a refund of the meat purchase tax arguing that the arrangement established by the law in issue constitutes which could not be introduced without being notified in advance to the Commission pursuant to Article 88(3) EC. 4. …

… The order for made by the Raad van raises five groups of questions. 36. The first group of questions concerns the interpretation of Article 85(1) of the Treaty. …

… Savelbergh, Price Waterhouse Belastingadviseurs BV v Algemene Raad van de Nederlandse Orde van Advocaten Intervener: Raad van de Balies van de Europese Gemeenschap ( for a preliminary ruling from the Nederlandse Raad van (Netherlands)) (Professional association - National Association of lawyers - Regulation - Prohibition of multi-disciplinary partnerships between lawyers and accountants - Competition - Right of establishment and freedom to provide services - Obstacle - …

… This for a preliminary ruling raises the difficult question of the application of Community competition law to the professions. (2) 2. A dispute has been brought before the Nederlandse Raad van (Netherlands Council of ) concerning the legality of a regulation adopted by the Netherlands Bar Association. …

… As noted by the Commission, if the measure in question can be justified on the basis of the character and structure of the system, it cannot be classified as ; the in of the two distribution channels would be objectively justified and could not be considered as granting a to wholesale distributors. (14) If that is the case, as I believe it is, then the assessment which the national court is asking the Court of Justice to make by the second part of …

… In both cases, however, the premiss is that the tax at issue constitutes in relation to which the existence of possible must therefore be assessed. 29. This approach should, in my view, be corrected in part. …

… OPINION OF ADVOCATE GENERAL TIZZANO delivered on 8 May 2001 (1) Case C-53/00 Ferring SA v Agence centrale des organismes de sécurité sociale (ACOSS) ( for a preliminary ruling from the Tribunal des affaires de sécurité sociale de Créteil) ( - Definition - Compensation for public service duties - Failure to notify - Effects) 1. …

… JUDGMENT OF THE COURT OF FIRST INSTANCE (Second Chamber, Extended Composition) 25 June 1998 (1) (State aid - Air transport - Airline company in a critical financial situation - Authorisation for an increase in capital) In Joined Cases T-371/94 and T-394/94, British Airways plc, a company incorporated under English law, established in Hounslow, England, Scandinavian Airlines System Denmark-Norway-Sweden, a company incorporated under the laws of Denmark, Norway and Sweden, established in Stockholm, …

… In no circumstances, therefore, is it for the undertaking itself to the documents which it is prepared to submit even if it considers that certain are protected under the general principle of confidentiality common to the legal systems of all the Member . …

… They are likely to require on each occasion the production of a search warrant, with the result that the Commission will lose the of surprise. The risk is that the investigations will thus prove fruitless. 145. …

… I consider that the same conclusion may be drawn by analogy from the provision in Article 192 of the Treaty on enforcement or decisions of the Council and the Commission, which is to in Article 187 on the enforcement of judgments of the Court. I consider that Article 192 shows that the EEC Treaty intended to reserve to the Member all forms of intervention which could be assimilated to direct enforcement. 43. …