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  • 1
    Online Resource
    Online Resource
    Berlin, Heidelberg : Springer Berlin / Heidelberg
    ISBN: 9783642338205
    Language: English
    Pages: 1 online resource (282 pages)
    Edition: 1st ed.
    Parallel Title: Erscheint auch als
    DDC: 343.4
    RVK:
    Keywords: Infrastructure (Economics) ; Shipping
    Abstract: This casebook is an effort to explain infrastructure markets from a unique perspective: regulation. Regulation means the analysis of two main groups of laws, namely internal market and antitrust law. The aim is to find a uniform regulation applicable to infrastructures in the European common market through a direct reading and explanation of judicial opinions. The book is divided into five parts: two general chapters and three thematic chapters. The first chapter is an introduction to the main European law principles applicable to infrastructure markets. The second chapter applies the Services of General Interest doctrine to infrastructure markets: The key issue is the separation of the public administrations and the private companies operating infrastructures. The thematic chapters focus on seaports, railways and airports, respectively. The core of the examination is a dual perspective dealing with both the internal market rules and ensuring fair competition.
    Abstract: Intro -- Regulation of Infrastructure Markets -- Preface -- Table of Contents -- Table of Cases -- Chapter 1 European Union Law: Main Principles and the Regulation of Public Infrastructures -- 1.1 European Union Law's Fundamental Principles and Scientific Method -- 1.2 European Legal Principles Applicable to Infrastructures Regulation -- 1.2.1 The Internal Market -- Justification of the restriction on the freedom to provide services -- 1.2.2 The Direct Effects of European Union Law and Member States Liability -- Question 2 -- Question 3 -- 1.2.3 Competition Law -- 1.2.3.1 Agreements -- ( 1 ) The substantial part of the common market at issue -- ( 2 ) assessment of Michelin nv's position in relation to its competitors -- ( a ) Michelin nv ' s share of the relevant product market -- ( aa ) the market in replacement tyres for heavy vehicles -- 1.2.3.2 Abuse of Dominant Position -- 1.2.4 State Aid -- First part: the participation of private investors in the recapitalization -- 1.2.5 General Principles of European Union Law -- 1.2.5.1 Legal Certainty -- 1.2.5.2 Separation -- 1.2.5.2.1 Horizontal Separation -- 1.2.5.2.2 Vertical Separation -- 1.2.5.3 The "In-House Providing" -- 1.2.6 Main Principles Pertaining to Concessions and Public Contracts -- 1.2.6.1 Equality of Treatment -- 1.2.6.2 Proportionality -- 1.2.6.3 Mutual Recognition -- 1.3 Procedures for Regulating the Infrastructures Market with Legal Certainty, Good Administration, and Sincere Cooperation -- 1.4 A Standard Procedure for Market Regulation in the Infrastructures Sector Guided by the Principle of Good Administration (Model n. 1) -- 1.5 Introduction to the Standard Procedures for Awarding of Works and Services (Design, Construction, and Maintenance) -- 1.5.1 Works Concessions -- 1.5.2 Service Concessions -- 1.5.2.1 The Open Procedure -- 1.5.2.2 The Restricted Procedure.
    Note: Description based on publisher supplied metadata and other sources
    URL: Volltext  (lizenzpflichtig)
    URL: Cover
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