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Document 11957E090

TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, PART THREE - POLICY OF THE COMMUNITY, TITLE I - COMMON RULES, CHAPTER 1: RULES ON COMPETITION, SECTION 1: RULES APPLYING TO UNDERTAKINGS, ARTICLE 90

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ELI: http://data.europa.eu/eli/treaty/teec/art_90/sign

11957E090

TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, PART THREE - POLICY OF THE COMMUNITY, TITLE I - COMMON RULES, CHAPTER 1: RULES ON COMPETITION, SECTION 1: RULES APPLYING TO UNDERTAKINGS, ARTICLE 90


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ARTICLE 90

1 . IN THE CASE OF PUBLIC UNDERTAKINGS AND UNDERTAKINGS TO WHICH MEMBER STATES GRANT SPECIAL OR EXCLUSIVE RIGHTS , MEMBER STATES SHALL NEITHER ENACT NOR MAINTAIN IN FORCE ANY MEASURE CONTRARY TO THE RULES CONTAINED IN THIS TREATY , IN PARTICULAR TO THOSE RULES PROVIDED FOR IN ARTICLE 7 AND ARTICLES 85 TO 94 .

2 . UNDERTAKINGS ENTRUSTED WITH THE OPERATION OF SERVICES OF GENERAL ECONOMIC INTEREST OR HAVING THE CHARACTER OF A REVENUE-PRODUCING MONOPOLY SHALL BE SUBJECT TO THE RULES CONTAINED IN THIS TREATY , IN PARTICULAR TO THE RULES ON COMPETITION , IN SO FAR AS THE APPLICATION OF SUCH RULES DOES NOT OBSTRUCT THE PERFORMANCE , IN LAW OR IN FACT , OF THE PARTICULAR TASKS ASSIGNED TO THEM . THE DEVELOPMENT OF TRADE MUST NOT BE AFFECTED TO SUCH AN EXTENT AS WOULD BE CONTRARY TO THE INTERESTS OF THE COMMUNITY .

3 . THE COMMISSION SHALL ENSURE THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE AND SHALL , WHERE NECESSARY , ADDRESS APPROPRIATE DIRECTIVES OR DECISIONS TO MEMBER STATES .

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