Valstybės paramos valstybės kontroliuojamiems ūkio subjektams draudimas pagal Sutarties dėl Europos Sąjungos veikimo 106(1) ir 102 straipsnius

Abstract

Participation of the State in the market economy through companies under its control was always the source of tension between business and the State. Although in principle the State is entitled to engage in economic activities and compete with private market players, by doing so the State faces a significant incentive to use its regulatory powers in order to create business environment exclusively favourable to the undertakings under control of the State. The thesis examined the legal instrument prohibiting such assistance by the State to undertakings under control of the State: Articles 106(1) applied in conjunction with Article 102 of the TFEU, which provide for the requirement to abstain from acts which could reduce efficiency of prohibition to abuse dominant position established in the Treaty establishing the European Union. It has been established during the research that the law currently in force provides for insufficient clarity regarding what specific legal elements should be proven in order to declare infringement of Articles 106(1) and 102 of the TFEU. For this reason the research sought to establish the contents of constituent elements of such violation of law. In this regard the research first of all established the historical development and legal nature of the violation set forth in Articles 106(1) and 102 of the TFEU, identified the composition of the constituent elements of law and contents of individual elements, revised specific forms of acts by which the state may reduce efficiency of the prohibition to abuse dominant position; moreover, conclusion was made regarding the right of the Member States to grant exclusive rights. In the end of the research conclusions were made regarding the legal elements which must be proven in order to declare the violation under Articles 106(1) and 102 of the TFEU, and the recommendations of the acts to be undertaken in order to eliminate the legal uncertainty and achieve more efficient application of this prohibition.