Traghetti (2010):               Case C-140/09 Fallimento Traghetti del Mediterraneo SpA v Presidenza
del Consiglio dei Ministri, [2010] ECR I-5243           C53

X (2009):                 Case C-429/07 Inspecteur van de Belastingdienst v X BV [2009] ECR I-4833          C34

La Cinq (1992): Case T-44/90 La Cinq SA v Commission [1992] ECR II-1          C37

Alrosa (2010):              Case C-441/07 P European Commission v Alrosa Company Ltd [2010] ECR I-5949 (Grand Chamber)          C38

AOK (2004):               Joined cases C-264/01, C-306/01, C-354/01 and C-355/01 AOK
Bundesverband and others v Ichthyol-Gesellschaft Cordes and others
[2004] ECR I-2493          C3

Velcro/Aplix (1985):               Decision 85/410/EEC relating to a proceeding under Article 85 of the EEC Treaty (Velcro/Aplix), OJ 1985 L 233/22         C15

Treaty establishing a Constitution for Europe, signed in 2004, OJ 2004 C 310/1 (not entered into force; ”Constitutional Treaty”)

BUPA (2006):               Case C-419/02 BUPA Hospitals Ltd and Goldsborough Developments Ltd v Commissioners of Customs & Excise [2006] ECR I-1685 (Grand Chamber)          C53

• Regulation    1370/2007/EC    on    public    passenger    transport    services    by    rail    and    by    road, OJ 2007 L 315/1

C52, C53

Add the following:

•    Decision 2005/842/EC on the application of Article 86(2) of the EC Treaty to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest, OJ _ 2005 L 312/67 (no longer in force)	C53
•    Decision 2012/21/EU on the application of Article 106(2) of the Treaty on the Functioning of the European Union to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest OJ 2012 L 7/3	C53

The chart title should read:

Compensation for public service obligations and state aid

The topic sentence should read:

Compensation for public service obligations does not fall under Art. 107(1) TFEU provided that the conditions defined by the ECJ in the important Altmark (2003) decision are met.

The box reading “Art. 106(2) TFEU and state aid” (top) should read:

Compensation for public service obligations

The box entitled “The ECJ’s decision in the Altmark (2003) case” (2nd from top) should read:

The ECJ’s decision in the Altmark (2003) case

Compensation for public service obligations does not amount to state aid (i.e. it is not caught by Art. 107(1) TFEU) and does not have to be notified (see Chart 9/44) to the Commission if the following conditions are met:

There are new measures on State aid in the form of public service compensation. Accordingly, the last box, entitled “Follow up on Altmark (2003)” must read:

Follow up on Altmark (2003)

• For certain types of public service obligations that do not meet the Altmark conditions: Commission Decision 2012/21/EU on State aid in the form of public service compensation (Art. 107(1) TFEU applies but there is an exemption under Art. 106(2) TFEU; no notification is required) (replaces Decision 2005/842/EC); see also Commission Communication: European Union framework for State aid in the form of public service compensation (2012) and Commission Communication on the application of the European Union State aid rules to compensation granted for the provision of SGEI (2012);
• For other cases, with the exception of transport and broadcasting: Commission framework for State aid in the form of public service compensation (2011) (notification is required);
• Transport: in particular Regulation 1370/2007/EC (see Chart C52); broadcasting: Commission Communication on the application of State aid rules to public service broadcasting (2009).

Genuine public service

The recipient undertaking is actually required to discharge public service obligations and those obligations have been clearly defined.

E.g. BUPA (2006), TV 2 (2008)

There are new measures on State aid in the form of public service compensation. Accordingly, the last box, entitled “Follow up on Altmark (2003)” must read:

Follow up on Altmark (2003)

• For certain types of public service obligations that do not meet the Altmark conditions: Commission Decision 2012/21/EU on State aid in the form of public service compensation (Art. 107(1) TFEU applies but there is an exemption under Art. 106(2) TFEU; no notification is required) (replaces Decision 2005/842/EC); see also Commission Communication: European Union framework for State aid in the form of public service compensation (2012) and Commission Communication on the application of the European Union State aid rules to compensation granted for the provision of SGEI (2012);
• For other cases, with the exception of transport and broadcasting: Commission framework for State aid in the form of public service compensation (2011) (notification is required);
• Transport: in particular Regulation 1370/2007/EC (see Chart C52); broadcasting: Commission Communication on the application of State aid rules to public service broadcasting (2009).

Temporary framework in the economic crisis

The Commission Communication: Temporary Union framework for State aid measures to support access to finance in the current financial and economic crisis (2010) expired on 31 December 2011:

Based on Art. 107(3)(b) TFEU, the Commission _ considered temporary state aid acceptable if it did not exceed a cash grant of EUR 500,000 per undertaking and if it fulfilled certain further criteria.

Commission Communication on the application, from 1 January 2012, of State aid rules to support measures in favour of banks in the context of the financial crisis: The Commission extends the crisis rules for banks.

Art. 107 TFEU
State aid

Altmark (2003), Olsen (2005), UFEX (2006)

See Chart C53

Commission Notice: Guidelines on vertical restraints, OJ 2000 C 29/11

with

Commission Notice: Guidelines on vertical restraints, OJ 2010 C 130/1

Add the following entries:

Communication from the Commission on the application, from 1 January 2012, of State aid rules to support measures in favour of banks in the context of the financial crisis, OJ 2011 C 356/7

Commission Communication on the application of the European Union State aid rules to compensation granted for the provision of services of general economic interest, OJ 2012 C 8/4

Communication: European Union framework for State aid in the form of public service compensation, OJ 2012 C 8/15

Temporary framework in the economic crisis

• The Commission Communications: Temporary Union framework for state aid measures to support access to finance in the current financial and economic crisis (_ 2010 _): Based on Art. 107(3)(b) TFEU, the Commission _ considered temporary state aid acceptable if it did not exceed a cash grant of EUR 500,000 per undertaking and if it fulfilled certain further criteria.

• Commission Communication on the application, from 1 January 2012, of State aid rules to support measures in favour of banks in the context of the financial crisis: The Commission extends the crisis rules for banks.

• Decision 2010/405/EU authorising enhanced cooperation in the area of the law applicable to divorce and legal separation, OJ 2010 L 189/12

• Decision 2005/842/EC on the application of Article 86(2) of the EC Treaty to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest, OJ _ 2005 L 312/67 (no longer in force)

• Decision 2012/21/EU on the application of Article 106(2) of the Treaty on the Functioning of the European Union to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest OJ 2012 L 7/3

• Treaty Establishing the European Coal and Steel Community, signed in 1951, not published in the OJ, see: http://www.eur-lex.europa.eu/en/treaties/treaties_founding.htm, English translation: 261 U.N.T.S. 143 (expired 23 July 2002; “Paris Treaty”)

• Treaty Establishing the European Atomic Energy Community, signed in 1957, not published in the OJ in its original version, see: http://www.eur-lex.europa.eu/en/treaties/treaties_founding.htm, English translation: 298 U.N.T.S. 169 (as amended; “Rome Treaty”), most recent codified version: OJ 2010 C 84/1

• Treaty Establishing the European Economic Community, signed in 1957, not published in the OJ in its original version, see: http://www.eur-lex.europa.eu/en/treaties/treaties_founding.htm, English translation: 298 U.N.T.S. 11 (as amended; “Rome Treaty”; later renamed “Treaty Establishing the European Community”, since 1 December 2010 “Treaty on the Functioning of the European Union”), most recent codified version: OJ 2010 C 83/47

• Treaty establishing a single Council and a single Commission of the European Communities, signed in 1965, OJ L 152/2 (“Merger Treaty”)

• Act concerning the election of the representatives of the Assembly by direct universal suffrage, signed in 1976, attached to Council Decision 76/787/ECSC, EEC, Euratom, OJ 1976 L 278/1

• Single European Act, signed in 1986, OJ 1987 L 169/1

• Treaty on European Union, signed in 1992, OJ 1992 C 191/1, most recent codified version: OJ 2010 C 83/13

• Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and related acts, signed in 1997, OJ 1997 C 340/1 (“Amsterdam Treaty”)

• Treaty of Nice amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts, signed in 2001, OJ 2001 C 80/1 (“Nice Treaty”; consolidated versions: OJ 2002 C 325/01)

• Treaty Establishing a Constitution for Europe, signed in 2004, OJ 2004 C 310/1 (not entered into force; ”Constitutional Treaty”)

• Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed in 1997, OJ 2007 C 306 (“Lisbon Treaty”, consolidated versions: OJ 2008 C 115, OJ 2010 C 83)

• Treaty on the Functioning of the European Union, signed in 1957 (as amended and renamed), OJ 1992 C 191/1, most recent codified version: OJ 2010 C 83/47

• Charter of Fundamental Rights of the European Union (including explanations relating to the interpretation of the Charter), OJ 2010 C 83/389 (originally: OJ 2000 C 364/01, subsequently reenacted: OJ 2007 C 303/1)

 

• Protocol on social policy, OJ 1992 C 191/90 (no longer in force)

• Protocol on protection and welfare of animals, OJ 1997 C 340/110 (no longer in force)

• Protocol (No 1) (annexed to the Lisbon Treaty) amending the Protocols annexed to the Treaty on European Union, to the Treaty establishing the European Community and/or to the Treaty establishing the European Atomic Energy Community, OJ 2007 C 306/165

• Protocol (No 2) (annexed to the Lisbon Treaty) amending the Treaty establishing the European Atomic Energy Community, OJ 2007 C 306/199

• Protocol (No 1) on the role of national parliaments in the European Union, OJ 2010 C 83/203

• Protocol (No 2) on the application of the principles of subsidiarity and proportionality, OJ 2010 C 83/206

• Protocol (No 3) on the Statute of the Court of Justice, OJ 2010 C 83/210

• Protocol (No 6) on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union, OJ 2010 C 83/265

• Protocol (No 8) relating to Article 6(2) of the Treaty on European Union on the accession of the Union to the European Convention on the protection of human rights and fundamental freedoms, OJ 2010 C 83/273

• Protocol (No 12) on the excessive deficit procedure, OJ 2010 C 83/279

• Protocol (No 13) on the convergence criteria, OJ 2010 C 83/281

• Protocol (No 15) on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland, OJ 2010 C 83/284

• Protocol (No 16) on certain provisions relating to Denmark, OJ 2010 C 83/287

• Protocol (No 19) on the Schengen Acquis integrated into the framework of the European Union, OJ 2010 C 83/290

• Protocol (No 26) on services of general interest, OJ 2010 C 83/308

• Protocol (No 27) on the internal market and competition, OJ 2010 C 83/309

• Protocol (No 30) on the application of the Charter of Fundamental Rights of the European Union to Poland and the United Kingdom, OJ 2010 C 83/313

• Protocol (No 36) on transitional provisions, OJ 2010 C 83/322

 

• Declaration (No 4) on the composition of the European Parliament, OJ 2010 C 83/337

• Declaration (No 7) on Article 16(4) of the Treaty on European Union and Article 238(2) of the Treaty on the Functioning of the European Union, OJ 2010 C 83/338

• Declaration (No 9) on Article 16(9) of the Treaty on European Union concerning the European Council decision on the exercise of the Presidency of the Council, OJ 2010 C 83/341

• Declaration (No 17) concerning primacy, OJ 2010 C 83/344

• Declaration (No 18) in relation to the delimitation of competences, OJ 2010 C 83/344

• Declaration (No 38) on Article 252 of the Treaty on the Functioning of the European Union regarding the number of Advocates-General in the Court of Justice, OJ 2010 C 83/350

Wider scope of free movement law:

Through Art. 21(1) TFEU, the Court has brought new issues within the scope of free movement law.

E.g. job seekers allowance as part of the right of access to work; Collins (2004), Ioannidis (2005), Vatsouras (2009).

The box  beginning with “Right to equal treatment under Art. 18 TFEU …” (5th row, box in the middle) should read:

Right to equal treatment under Art. 18 TFEU (focus on nationality; see Chart 7/15):
In relation to various different issues; e.g.:

• Child-raising allowance not falling under other EU law; Martinez Sala (1998);
• Social assistance benefit; Trojani (2004);
• Student loan; Bidar (2005);
• Taxation of the economically inactive; Commission v Portugal (2006), Turpeinen (2006) _.

Further, the box  beginning with “Increasing importance of Art. 20(1) TFEU …” (5th row, last box to the right-hand side) should read:

Increasing importance of Art. 21(1) TFEU by itself, i.e. without reference to other EU law:

E.g.:

• Direct effect of Art. 21(1) TFEU; Baumbast (2002);
• Prohibition of “restrictions to the freedoms conferred by Article 21 TFEU on every citizen”, unless there is an objective justification; De Cuyper (2006), Tas-Hagen and Tas (2006), Rüffler (2009).

Microban (2011)          Case T-262/10 Microban International Ltd and Microban (Europe) Ltd v European Commission, judgment of 25 October 2011, n.y.r…………….12/7

Primary establishment

Taking up and pursuing an economic activity in another Member State:

• Natural persons: e.g. leaving one Member State in order to set up office elsewhere; Reyners (1974);
• Companies: e.g. merging with a company in another Member State; SEVIC (2005).

Limit: national rules on the “nationality” of a company; Cartesio (2008), concerning the moving of the seat while wishing to remain under law of the first Member State; as opposed to Indus (2011), concerning a legitimate exit tax in the event of a company’s moving the registered office.

Rights under Title V of Part three of the TFEU

 

E.g.:
• Directive 2003/86/EC (family reunification)
• Directive 2003/109/EC (status of long-term residents)
• Directive 2009/50/EC (EU Blue Card Directive)
• Directive 2011/98/EU (Single Permit Directive)

 

2013

EU (incl. Euratom)

Croatia

 

Following political development, the text underneath the title “Candidate States and applicants” must read:

 

EU (plus Euratom_)

Candidate States: Turkey, _ , Macedonia, Iceland, Montenegro, Serbia Applicant States: Albania, _ , Bosnia and Herzegovina, Kosovo (plus: a non-active application for membership by Switzerland)