1997 consolidated version of the EC Treaty
Numbering issues
The Treaty of Amsterdam, which was made in 1997 and came into force in 1999, contained a consolidated version of the Treaty establishing the European Community (or EC Treaty).
The consolidated version is based on the Treaty of Rome but uses a comprehensive re-numbering of the articles.
The Reckon website uses the numbering of this consolidated version to refer to articles in the EC Treaty, even when discussing older cases. Quotations from judgments and other documents are amended as necessary.
The Court of Justice has published an information note and correspondence table on recommended ways of referring to Treaty articles.
A 2002 consolidated version of the EC Treaty is also available on Eur-Lex. This, thankfully, uses the same numbering as the 1997 version.
The Treaty of Amsterdam contains a table of correspondence between this numbering and the original Treaty of Rome numbering.
Links
The Reckon website includes a number of articles, reviews of cases and other information related to the competition and State aid law articles of the EC Treaty. In the 1997 consolidated version, these are:
- Article 81 (anti-competitive agreements and concerted practices)
- Article 82 (abuse of a dominant position)
- Article 86 (public services and fiscal monopolies)
- Article 87 (State aid)
Other articles mentioned on the Reckon site include:
- Article 2 (the "task" of the Community)
- Article 3 (the "activities" of the Community)
- Article 10 (Member States' duties to work towards the objectives of the Treaty)
- Articles 28-30 (free trade: general rule and justification for restrictions)
- Article 31 (free trade: State monopolies of a commercial character)
Lisbon Treaty renumbering disaster
Subject to ratification by all member states, the Treaty of Lisbon signed by heads of government or State in 2007 will rename the EC Treaty the "Treaty on the Functioning of the European Union", and replace references to the European Community or Communities to references to the European Union. Although the drafting of the amendments specified by the Lisbon Treaty assumes no general renumbering, its Article 5 mandates a pointless and wasteful (says Franck) renumbering of the whole document.
The UK Foreign and Commonwealth Office has released in January 2008 a consolidated treaties document (336 pages, PDF) incorporating the Lisbon Treaty changes in which the competition and State aid articles appear as Articles 101-109.
The Council of the European Union released its own consolidated document (479 pages, PDF) in April 2008. The numbering appears to be the same as in the UK FCO document.
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Last changed by Franck at 5:51 AM on Thursday 17 April 2008.