Keywords
State aid, infringement proceedings
Abstract
The legal basis the European Commission (EC) choses for its actions when it finds a Member State’s action (or inaction) to be in breach of its obligations stemming from its EU membership vary in different fields of law. This is particularly visible in State aid on one side, and general infringement proceedings on the other. But the line between the general character of a possible infringement and that of State aid law is sometimes blurred and difficult to establish. This article analyses if the EC does not abuse its powers when it chooses Article 108(2) TFEU, instead of Article 258 TFEU. A positive answer to that question is difficult to find and controversial. However, given the benefits the EC gains by taking action under Article 108(2) TFEU, it is visible that the EC’s choice can be biased because of those benefits.
Recommended Citation
Rzotkiewicz, M. (2018). Article 108(2) TFEU as a Tool for the Commission to Bypass Article 258 TFEU Proceedings. Yearbook of Antitrust and Regulatory Studies, 11(18), 209-225. https://doi.org/10.7172/1689-9024.YARS.2018.11.18.8
First Page
209
Last Page
225
Page Count
16
DOI
10.7172/1689-9024.YARS.2018.11.18.8
Publisher
University of Warsaw
Publication Date
2018-12-30
