The notion of “undertaking” in acquis communautaire Cover Image

Pojęcie ,,przedsiębiorstwo” w acquis communautair
The notion of “undertaking” in acquis communautaire

Author(s): Jakub Kociubiński
Subject(s): Economic policy, EU-Accession / EU-DEvelopment, EU-Legislation
Published by: Wydawnictwo Uczelni Jana Wyżykowskiego

Summary/Abstract: The paper presents how the concept of “undertaking” works in European Union’s law. It is a communautaire concept, however it is not defined in the Treaties. On the other hand EU competition rules, both at the level of primary and secondary legislation are addressed to the “undertakings”. Pinpointing the exact meaning of this term will therefore allow to define the scope of EU competition law. The paper presents on the basis of what criteria European Commission and the European Court of Justice assesses if an entity could fall under category of undertaking in terms of EU law. At the same time what kind of activities would never be considered as economic and thus its provider be considered an undertaking. The article presents the extensive case-law of the European Court of Justice dedicated to the discussed issue.