TFEU definition
Examples of TFEU in a sentence
In the same vein, the decision to preserve public ownership in certain undertakings relates to the choice of the national property ownership system, which again remains a national competence and is, in fact, covered by the principle of neutrality enshrined in Article 345 TFEU (analysed in Chapter 3).
This is particularly evident in the case law regarding privatisations and golden shares, where the Court of Justice has adopted a broad interpretation of the notion of ‘capital restrictions’ under Article 63 TFEU and has treated forms of public ownership and special shareholding of public authorities in privatised undertakings as measures of economic protectionism inherently incompatible with the Internal Market.
Prior to the conclusion of the Contract, the European Commission has declared the aid compatible with the Internal Market pursuant to Article 107(3)(c) TFEU, see Appendix 1, European Commission’s Decision State Aid SA [no] of [date].
In this respect, the thesis puts forward two main suggestions: firstly, the rediscovery of the principle of neutrality under Article 345 TFEU as a legal provision which ▇▇▇▇▇▇▇ national decisions to maintain public ownership from Internal Market scrutiny and, secondly, the recalibration of the ‘capital restric- tions’ test in the golden shares case law by reference to a ▇▇▇▇-inspired notion of ‘investment arrangements’.
In this context, this thesis draws from the theoretical underpinnings of ‘social market economy’ and attempts to explore the changes in the interpretation of Article 63 TFEU that can bridge the gap between the State and the market in order to allow Member States to participate in the market for the purposes of pursuing public interest objectives.