12002E086Treaty establishing the European Community (Nice consolidated version) | Part Three: Community policies | Title VI: Common rules on competition, taxation and approximation of laws | Chapter 1: Rules on competition | Section 1: Rules applying to undertakings | Article 86 | Article 90 - EC Treaty (Maastricht consolidated version) | Article 90 - EEC Treaty

Treaty establishing the European Community (Nice consolidated version)

Part Three: Community policies

Title VI: Common rules on competition, taxation and approximation of laws

Chapter 1: Rules on competition

Section 1: Rules applying to undertakings

Article 86

Article 90 - EC Treaty (Maastricht consolidated version)

Article 90 - EEC Treaty

Article 86

1. In the case of public undertakings and undertakings to which Member States grant special or exclusive rights, Member States shall neither enact nor maintain in force any measure contrary to the rules contained in this Treaty, in particular to those rules provided for in Article 12 and Articles 81 to 89.

2. Undertakings entrusted with the operation of services of general economic interest or having the character of a revenue-producing monopoly shall be subject to the rules contained in this Treaty, in particular to the rules on competition, in so far as the application of such rules does not obstruct the performance, in law or in fact, of the particular tasks assigned to them. The development of trade must not be affected to such an extent as would be contrary to the interests of the Community.

3. The Commission shall ensure the application of the provisions of this Article and shall, where necessary, address appropriate directives or decisions to Member States.