geilmann.pdf
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… entities which will be heavily regulated by the State. 3 This will be done through authorisations and licences 1 European Commission Website, Competition, SGEI, 2012, http://ec.europa.eu/competition/state_aid/overview/public_services_en.html) (last visited 03/06/2012). 2 P. Trepte, Public Procurement in the EU (2 nd edition, Oxford University Press, New York, 2007), p. 61. 3 Ibid. http://ec.europa.eu/competition/state_aid/overview/public_services_en.html … Public procurement and State aid is a tight one. In the case Bretagne Angleterre Irlande (BAI) 7 the Court of Justice established that State aid rules would also be applicable to agreements for consideration concluded between the government, as a buyer, and a seller. 8 According to Article 107 TFEU, when there is (i) a State intervention and a transfer of finances, which is (ii) liable to affect trade between Member States, which (iii) confers an advantage on the recipient and which, (iv) … distort competition: the public financing will be State aid where the amounts given exceed the value 4 Ibid. 5 European Commission Website, Competition, SGEI, 2012 (see http://ec.europa.eu/competition/state_aid/overview/public_services_en.html) (last visited 03/06/2012). 6 Article 106(3) and 108(4) Treaty on the Funtioning of the European Union. 7 Case T-14/96 Bretagne Angleterre Irlande (BAI) v Commission [1999] ECR II-139. 8 P. Trepte, Public Procurement in the EU, p. 56. 9 Case C-142/87 Belgium …