State aid rules in the coal sector and linked energy sector under the Energy Community Treaty and European Law
Publisher: CEE Bankwatch Network
Volume: 30 pages, pdf
Description:
The Energy Community Treaty's objectives are similar to those of the European Union (hereinafter: EU) as regards the energy sector. The Energy Community Treaty even clearly refers to EU law in some of its articles. This is not a coincidence as the European Communities (whose successor is the EU) is one of the Contracting Parties of the Treaty. The reliance on EU law is most prominent in the field of EU competition law where the European Commission (hereinafter: the Commission) as competition authority dealing with competition law issues outside State aid has traditionally very wide powers and competences conferred to it partly by the Treaty on the Functioning of the European Union (Articles 101, 102 and 106) and partly by Regulation 1/2003 which replaced the original Regulation 17/1962 of the then European Economic Community.