This Web-Companion relating to Essential EC Law in Charts, 1st edition 2007, pre-"Lisbon" is discontinued!
To consult the companion websites for the 2010 "Lisbon" editions go here (as of 10 March 2010):
TOBLER, Christa / BEGLINGER, Jacques;
Essential EC Law in Charts;
HVG-ORAC, 1st ed., 2007 (including the 1st reprint ed., 2008);
|Status||Cover||Files for download||Type||Pages||Format||Size||Date of Upload|
|Chapter 2a The EU following the Lisbon Treaty (Reform Treaty).pdf||Complimentary addititional Chapter 2a, based on the texts officially published in OJ 2007 C 306 (17 Dec 2007).||1 + 2 + 20||1.3 MB||30.03.2008|
|eur-charts.eu_LisbonMechanics_V1.0.pdf||Graphic representation on the role of the Lisbon Treaty (Reform Treaty) in the envisaged transition.||1||0.2 MB||10.6.2009|
|The project team is finalising its works for a 2nd revised edition of Essential EU Law in Charts. The 2nd edition will inter alia take into account the changes brought about by the Lisbon Treaty. The 2nd edition will be complemented by a text only booklet titled Essential EU Law in Text, explaining the context within which each chart of Essential EU Law in Charts is given its specific place (to be used mainly as an introduction for novice EU law students). Due February 2010. [Posted 7.12.2009]|
|Chart 3 | 7||64||Implied powers of the EC||New case law:|
In the column labelled "EC criminal law in the context of EC policies" in the last box, the first sentence:
|Chart 4 | 4||71||Structure of the European Parliament||As a result of the EP 2009 elections the following changes must be made:|
A. Replace the Topic sentence to read:
The European Parliament is the largest EU institution. It consists of 736 elected members.
B. In the box labelled ‚The other Members of the European Parliament (MEP), 2004-2009’:
Change the title within the box to read:
The other Members of the European Parliament (MEP), 2009-2014
Change the first paragraph to read:
736 additional members (in total together with the President 737), elected by the peoples of all Member States in direct elections, based on a proportional representation system, for five years. There is no common election procedure yet.
Change the part on the 'Distribution of seats:' to read:
|Chart 4 | 5
||Structure of the Council of Ministers ('The Council')
||In the box
labelled 'Members of the Council' delete the 2nd bullet point reading '- Plus the President of the Commission', so as the box to read:
Members of the Council
1 Minister per Member State,
depending on the nature of the business (e.g. the 'Agricultural Council' = the
national ministers for agriculture, the 'Finance Council' = the national ministers
for finance, etc.)
|Chart 9 | 19||200||The prohibition under Art. 82 EC||At the bottom of the page, in the box labelled 'Note', add an additional paragraph:|
On 3 December 2008, the Commission published a draft document 'COMMUNICATION FROM THE COMMISSION - Guidance on the Commission's Enforcement Priorities in Applying Article 82 EC Treaty to Abusive Exclusionary Conduct by Dominant Undertakings'.
For the text of this draft Commission Communication, see http://ec.europa.eu/competition/antitrust/art82/index.html. See also the Commission's related press release and FAQ, both of 3 Dec 2008. On 27 pages, the draft text sets out in particular an 'economic and effects-based approach to exclusionary conduct under EC antitrust law'.
|Chart 9 | 30||211||Appraisal of mergers||New Commission Guidelines from the Commission on the assessment of non-horizontal mergers:|
In the box labelled 'Criteria for review' add a new line at the end:
Guidelines on the assessment of non-horizontal mergers under the Council Regulation on the control of concentrations between undertakings (2007)
According to the Guidelines, non-horizontal mergers are generally less likely to significantly impede effective competition than horizonal mergers. There are two main ways in which such mergers may nevertheless significantly impede effective competition:
- non-coordinated effects (in particular through foreclosure);However, the Commission is unlikely to find concern in non-horizontal mergers, be it of a coordinated or of a non-coordinated nature, where:
- coordinated effects.
- the market share post-merger of the new entity in each of the markets concerned is below 30%; andFor the text of this new Commission Notice, see:
- the post-merger HHI (Herfindahl-Hirschman Index) is below 2000.
|Chart 9 | 35||216||The prohibition under Art. 87(1) EC||At the bottom of the page, add a new box:|
The Commission has published a number of Guidelines on the application of Art. 87 EC in certain, specific contexts; e.g.:
|Chart 9 | 37||218||Effect on trade and on competition||At the bottom of the page, in the box situated to the left, labelled 'Generally', change the text in the box:|
Aid of ≤ EUR 500,000 until 2010.
On 17 December 2008, the European Commission adopted a temporary framework on state aid changing the previous de minimis rule. According to the new framework, the Member States are able to grant without notification of individual cases subsidised loans, loan guarantees at a reduced premium, risk capital for SMEs and direct aids of up to EUR 500,000.
The measures are limited until the end of 2010 and subject to conditions. The Commission will evaluate whether the measures should be maintained beyond 2010.
For further information see the Commission's press release of 17 December 2008:
'State aid: Commission adopts temporary framework for Member States to tackle effects of credit squeeze on real economy
The European Commission has adopted, under EC Treaty state aid rules, a temporary framework providing Member States with additional possibilities to tackle the effects of the credit squeeze on the real economy. The Framework forms part of the measures announced by the Commission in its 26th November European Economic Recovery Plan (see IP/08/1771) and was approved in record time following consultation with Member States. Due to the drying up of the lending market, even healthy companies may not be able to get the finance they need. This may seriously endanger their business. The new framework therefore introduces a number of temporary measures to allow Member States to address the exceptional difficulties of companies to obtain finance. In particular, Member States will be able to grant without notification of individual cases subsidised loans, loan guarantees at a reduced premium, risk capital for SMEs and direct aids of up to €500,000. All measures are limited until the end of 2010 and subject to conditions. Based on Member States' reports, the Commission will evaluate whether the measures should be maintained beyond 2010, depending on whether the crisis continues.
In order to meet these objectives, Member States may grant, under certain conditions and until the end of 2010 e.g.:
- a lump sum of aid up to €500,000 per company for the next two years, to relieve them from current difficulties
state guarantees for loans at a reduced premium
- subsidised loans, in particular for the production of green products (meeting environmental protection standards early or going beyond such standards)
- risk capital aid up to € 2.5 million per SME per year (instead of the current €1.5 million) in cases where at least 30% (instead of the current 50%) of the investment cost comes from private investors.
The Framework is available on the Commission's Europa website at:
|Chart 9 | 38||219||Derogations||New Commission Regulation adopted on 7 July 2008:|
Regulation 800/2008/EC declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General block exemption regulation), OJ 2008 L 214/3.
|Chart 2 | 3||39||Attempts to create European Communities in different fields||In the last box
labelled '1953: Western European Union', the label:|
1953: Western European Union
1948: Western European Union
|Chart 6 | 5||91||Absence of direct effect: indirect effect and Member State liability||In the column labelled 'Indirect effect, consistent interpretation', in the first box starting with 'Duty of the national court to interpret the national law, ...', in the first bullet point starting with 'For EC law: ...', replace the case reference':|
so as the first bullet point to read: 'For EC law: von Colson and Kamann (1984), Marleasing (1990), based on Arts. 10 and 249 EC.'
|Chart 8 | 47||162||Services: scope||In the box
labelled 'Transport services, Art. 51(2) EC', the label:|
Transport services, Art. 51(2) EC
Transport services, Art. 51(1) EC
|Chart 11 | 6||242||The Cassis de Dijon principle and the need for harmonisation||Directive
98/552/EEC, mentioned in the final box of chart 11/6, has been amended
in the year 2007, and this has led to a change in the title of the
directive. According to Art. 1 of the amending Directive (Directive
2007/65/EC amending Council Directive 89/552/EEC on the coordination of
certain provisions laid down by law, regulation or administrative
action in Member States concerning the pursuit of television
broadcasting activities, OJ 2007 L 332/27), the title of the original
directive is replaced by the following: ‚Directive 89/552/EEC of 3
October 1989 of the European Parliament and of the Council on the
coordination of certain provisions laid down by law, regulation or
administrative action in Member States concerning the provision of
audiovisual media services (Audiovisual Media Services Directive)’.|
Accordingly, in the final box on Chart 11/6, the words in the brackets:
‚television without frontiers’
should be replaced by:
‚Audiovisual Media Services Directive’
|Table of cases||295||Marleasing (1990)||Add/insert new case reference:|
Marleasing (1990) Case C-106/89 Marleasing SA v La Comercial Internacional de Alimentacion SA  ECR I-4135
|Table of Secondary EC law||283||Directive 89/552/EEC||The entry:|
Directive 89/552/EEC on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities, OJ 1989 L 298/23 (as amended)
should be replaced by:
Directive 89/552/EEC of 3 October 1989 of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)’, OJ 1989 L 298/23 (as amended notably by Directive 2007/65/EC)
|Chart 5 | 4||81||The consultation procedure||The
comment to the step 'Adoption or
rejection by the Council', first bullet:|
|Chart 7 | 15||111||Family rights||In the box
labelled 'Family rights under Directive 2004/38/EC', the line:|
|Chart 8 | 22||137||Result: MEEQRs covered by Art. 28 EC||The box
applicable measures' should not only be connected to the
box with the title 'Product
Rules', but also to the box with the title 'Certain
|Chart 9 | 17||198||Individual exemption under Art. 81(3) EC||In the box
labelled 'Application in practice', the first line:|
Under Regulation 1/2203/EC, individual exemptions are based on self-assessment ...
Under Regulation 1/2003/EC, individual exemptions are based on self-assessment ...
|Chart 11 | 1||237||Integration techniques in the EC||The graphic part of the chart has been entirely misplaced. Download the file WC_ECcharts-11-Harmonisation_V30_revp11-1.pdf
and replace the full page 237 with the replacement chart 'rectified Chart 11|1'|
|Chart 12 | 4||251||Jurisdiction of the different levels of the Court of Justice||The text
of the box containing the lines:|
|Table of cases||287||Avoir fiscal||The
year indicated after the name of the case should be 1986 (rather than
1998). The indication in the full reference to the case is correct:|
Avoir Fiscal (1986) Case 270/83 Commission v France  ECR 273