Odbor kompatibility s právem ES Úřad vlády ČR	I S A P Informační Systém pro Aproximaci Práva
	Databáze č. 17 : Databáze judikatury

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	Číslo (Kód CELEX): Number (CELEX Code):		61980J0188

	Název: Title:		JUDGMENT OF THE COURT, 6 JULY 1982. FRENCH REPUBLIC, ITALIAN REPUBLIC AND UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND V COMMISSION OF THE EUROPEAN COMMUNITIES. PUBLIC UNDERTAKINGS - TRANSPARENCY OF FINANCIAL RELATIONS WITH THE STATE. JOINED CASES 188 TO 190/80.

	Publikace: Publication:		REPORTS OF CASES 1982 PAGES 2545 - 2582

	Předmět (klíčová slova): Keywords		COMPETITION;RULES APPLYING TO UNDERTAKINGS;STATE AIDS;PROVISIONS GOVERNING THE INSTITUTIONS;

	Související předpisy: Corresponding acts:		380L0723

	Odkaz na souvisejicí judikáty: Corresponding Judgements:


	Plný text: Fulltext:		Ne

Fakta:

Názor soudu a komentář:

Shrnutí (Summary of the Judgment):
1. THERE IS NO BASIS IN THE TREATY PROVISIONS GOVERNING THE INSTITUTIONS FOR THE VIEW THAT, BY VIRTUE OF THE VERY PRINCIPLES WHICH GOVERN THE DIVISION OF POWERS AND RESPONSIBILITIES BETWEEN THE COMMUNITY INSTITUTIONS, ALL ORIGINAL LAW-MAKING POWER IS VESTED IN THE COUNCIL, WHILST THE COMMISSION HAS ONLY POWERS OF SURVEILLANCE AND IMPLEMENTATION. IT FOLLOWS THAT THE LIMITS OF THE POWERS CONFERRED ON THE COMMISSION BY A SPECIFIC PROVISION OF THE TREATY ARE TO BE INFERRED NOT FROM A GENERAL PRINCIPLE, BUT FROM AN INTERPRETATION OF THE PARTICULAR WORDING OF THE PROVISION IN QUESTION, ANALYSED IN THE LIGHT OF ITS PURPOSE AND ITS PLACE IN THE SCHEME OF THE TREATY.

2. IN VIEW OF THE DIVERSE FORMS OF PUBLIC UNDERTAKINGS IN THE VARIOUS MEMBER STATES AND THE RAMIFICATIONS OF THEIR ACTIVITIES, IT IS INEVITABLE THAT THEIR FINANCIAL RELATIONS WITH PUBLIC AUTHORITIES SHOULD THEMSELVES BE VERY DIVERSE, OFTEN COMPLEX AND THEREFORE DIFFICULT TO SUPERVISE, EVEN WITH THE ASSISTANCE OF SOURCES OF NATIONAL PUBLISHED INFORMATION. IN THOSE CIRCUMSTANCES THERE IS AN UNDENIABLE NEED FOR THE COMMISSION TO SEEK ADDITIONAL INFORMATION ON THOSE RELATIONS BY ESTABLISHING COMMON CRITERIA FOR ALL THE MEMBER STATES AND FOR ALL THE UNDERTAKINGS IN QUESTION.

3. THE PRINCIPLE OF EQUALITY BETWEEN PUBLIC AND PRIVATE UNDERTAKINGS IN GENERAL PRESUPPOSES THAT THE TWO ARE IN COMPARABLE SITUATIONS. WITHIN THE LIMITS LAID DOWN BY THE APPLICABLE LEGISLATION, PRIVATE UNDERTAKINGS DETERMINE THEIR INDUSTRIAL AND COMMERCIAL STRATEGY BY TAKING INTO ACCOUNT IN PARTICULAR REQUIREMENTS OF PROFITABILITY. DECISIONS OF PUBLIC UNDERTAKINGS, ON THE OTHER HAND, MAY BE AFFECTED BY FACTORS OF A DIFFERENT KIND WITHIN THE FRAMEWORK OF THE PURSUIT OF OBJECTIVES OF PUBLIC INTEREST BY PUBLIC AUTHORITIES WHICH MAY EXERCISE AN INFLUENCE OVER THOSE DECISIONS. THE ECONOMIC AND FINANCIAL CONSEQUENCES OF THE IMPACT OF SUCH FACTORS LEAD TO THE ESTABLISHMENT BETWEEN THOSE UNDERTAKINGS AND PUBLIC AUTHORITIES OF FINANCIAL RELATIONS OF A SPECIAL KIND WHICH DIFFER FROM THOSE EXISTING BETWEEN PUBLIC AUTHORITIES AND PRIVATE UNDERTAKINGS. AS DIRECTIVE NO 80/723 CONCERNS PRECISELY THOSE SPECIAL FINANCIAL RELATIONS, THE SUBMISSION THAT THERE IS DISCRIMINATION AGAINST PUBLIC UNDERTAKINGS IN FAVOUR OF PRIVATE U
NDERTAKINGS CANNOT BE ACCEPTED.

4. THE REASON FOR THE INCLUSION IN THE TREATY OF THE PROVISIONS OF ARTICLE 90 IS THE INFLUENCE WHICH THE PUBLIC AUTHORITIES ARE ABLE TO EXERT OVER THE COMMERCIAL DECISIONS OF PUBLIC UNDERTAKINGS. THAT INFLUENCE MAY BE EXERTED ON THE BASIS OF FINANCIAL PARTICIPATION OR OF RULES GOVERNING THE MANAGEMENT OF THE UNDERTAKING. BY CHOOSING THE SAME CRITERIA TO DETERMINE THE FINANCIAL RELATIONS ON WHICH IT MUST BE ABLE TO OBTAIN INFORMATION IN ORDER TO PERFORM ITS DUTY OF SURVEILLANCE UNDER ARTICLE 90 (3), THE COMMISSION HAS REMAINED WITHIN THE LIMITS OF THE DISCRETION CONFERRED UPON IT BY THAT PROVISION.

Plný text judikátu (Entire text of the Judgment):