Abstract

Services of general economic interest are commercial activities carried out on the market for compensation in the public interest, available without interruption to all interested citizens and organizations on a request at the same price for all consumers, that would not be produced by market forces alone or at least not in the form of a continuous, affordable and safety service available indiscriminately to all. Public authorities of Member States at national, regional and local level have considerable discretion to determine certain service as a service of general economic interest. The only limits are those imposed by (sectoral) EU law and manifest error of assessment. Also Member States cannot attach specific public service obligations to services that are already provided or can be provided in a short period of time satisfactorily by undertakings operating under normal market conditions. Legal regulation of services of general economic interest is characterised by a limited derogation from the application of Treaty rules, including competition law, in proportion as their implementation interferes undertakings entrusted with services of general interest in appropriate accomplishing their tasks regarding the rendering of these services.

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