Public and Private Enforcement of EU State Aid Law

Abstract

European Union (EU) competition policy is considered to be one of the basic elements of the European economic constitution, originally established by the Treaty on the European Economic Community and now transferred into the Treaty on the Functioning of the European Union (TFEU). The EU competition rules should guarantee fair and undistorted competition, which according to Art. 3.1 (b) TFEU is necessary for the functioning of the internal market. These rules apply to undertakings (Arts. 101–106 TFEU) as well as to Member States (Arts. 107–109 TFEU).