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Document 12012E106

    Consolidated version of the Treaty on the Functioning of the European Union
    PART THREE - UNION POLICIES AND INTERNAL ACTIONS
    TITLE VII - COMMON RULES ON COMPETITION, TAXATION AND APPROXIMATION OF LAWS
    Chapter 1 - Rules on competition
    Section 1 - Rules applying to undertakings
    Article 106
    (ex Article 86 TEC)

    SL C 326, 26.10.2012, p. 90–91 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Legal status of the document In force

    ELI: http://data.europa.eu/eli/treaty/tfeu_2012/art_106/oj

    26.10.2012   

    EN

    Official Journal of the European Union

    C 326/1


    CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

    PART THREE

    UNION POLICIES AND INTERNAL ACTIONS

    TITLE VII

    COMMON RULES ON COMPETITION, TAXATION AND APPROXIMATION OF LAWS

    CHAPTER 1

    RULES ON COMPETITION

    SECTION 1

    RULES APPLYING TO UNDERTAKINGS

    Article 106

    (ex Article 86 TEC)

    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 the Treaties, in particular to those rules provided for in Article 18 and Articles 101 to 109.

    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 the Treaties, 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 Union.

    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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