Die Vereinbarkeit des kommunalen Wirtschaftsrechts des Saarlandes mit dem Recht der Europäischen Union
Published by
RA Prof. Dr. Thomas Dünchheim
Nomos, 1. Edition 2018, 172 Pages
The product is part of the series
Studien zum öffentlichen Recht und zur Verwaltungslehre
Details
According to the findings of the monopoly commission as laid down in Hauptgutachten XX, a regulation on competition in financial markets of June 2014, the principle of regionality found in Germany’s savings bank law constitutes a regional cartel, which is forbidden in the eyes of European competition law. Communal business law in Saarland lays down strict stipulations in relation to the principles of ‘Örtlichkeit’ (according to which local governments address only local issues) and subsidiarity, which places extremely tight constraints on public utility companies, particularly in the field of energy supply, when it comes to them entering into competition with other providers and confronting the sizeable infrastructural tasks related to the changes in energy policy and digitalisation. The author of this study therefore believes there are substantial grounds to analyse and reevaluate the legitimacy of the stipulations on regional economics for local businesses in Saarland. In doing so, he focuses on the ruling of the European Court of Justice from 22nd October 2013 in the matter of ‘The Netherlands v. Essent’, in which the court decided that national and local businesses were allowed to invoke the fundamental freedoms guaranteed by the Treaty on the Functioning of the European Union and thus oppose the state.
More Information
Edition | 1 |
---|---|
ISBN | 978-3-8487-4986-7 |
Publication Date | May 22, 2018 |
Year of Publication | 2018 |
Publisher | Nomos |
Format | Softcover |
Language | deutsch |
Pages | 172 |
Medium | Book |
Product Type | Scientific literature |