The Principles of Interpretation Applied by the Court of Justice of the European Communities and Their Relevance for the Scope of the EEC Competition Rules

Authors

Bastiaan van der Esch

Abstract

This Article looks at various aspects in how EEC competition rules have been interpreted by courts. In Part I, I will review some of the more recent examples of cases in different areas of Community law in which the Court has safeguarded the comprehensive character of the Community legal order by means of the teleological method of interpretation. Not surprisingly, the same judicial concern governs the Court's interpretation of Article 85, 86, and 90 of the Treaty. In Part II, after noting a number of past examples of this coherence in the competition cases, I will also try to show that in recent competition cases balanced comprehensiveness of the system of undistorted competition continues to guide the Court's decisions.

Recommended Citation

Bastiaan van der Esch, The Principles of Interpretation Applied by the Court of Justice of the European Communities and Their Relevance for the Scope of the EEC Competition Rules, 15 Fordham Int'l L.J. 366 (1991).
Available at: https://ir.lawnet.fordham.edu/ilj/vol15/iss2/4