By Erika Szyszczak (auth.), Erika Szyszczak, Jim Davies, Mads Andenæs, Tarjei Bekkedal (eds.)
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Achieving public service objectives within competitive open markets: the Commission remains of the view that the objectives of an open and competitive internal market and of developing high quality, accessible and affordable services of general interest are compatible: under the TFEU Treaty and subject to the conditions set out in Article 106(2), the effective performance of a general interest task prevails, in case of tension, over the application of Treaty rules. 3. Ensuring cohesion and universal access: the access of all citizens and enterprises to affordable high-quality services of general interest throughout the territory of the Member States is essential for the promotion of social and territorial cohesion in the European Union.
Furthermore, from the Community debates and the communications of the Commission has emerged the concept of ‘social services of general interest’ (SSGIs). A careful study of, on the one hand, the secondary law and, on the other hand, the judgments of the Court of Justice and of the General Court reveals a frequent use of the term ‘public service’, but never in a general or global sense, as is the case in France or in certain countries of Roman law. It is always used as a qualifying term, a concept or a particular service: ‘public service mission’, ‘public service obligation’, ‘obligation inherent in the concept of public service’, ‘public service requirement’, ‘delegation of public service’, ‘public service concession’, ‘public service contract’, ‘concessionaire or manager of a public service’, ‘public transport service’, ‘public service delivery of drinking water or gas distribution’, or, furthermore, in respect of a particular service, ‘guaranteeing that the public service will be executed’, ‘object of the public service’, etc.
7. ’ Services of general interest can contribute to realise these objectives. 8. ’ In parallel, the case law of the Court of Justice has recognised since the Corbeau18 and Commune Almelo19 judgements that Article 106(2) TFEU can justify a limitation of competition for some services of general economic interest, which has been confirmed since then in many judgements. Thus, the Court of Justice defined progressively a jurisprudence recognising that services of general interest may fall within other objectives, missions, and forms of organisation than the general laws of competition.