STATE MONOPOLIES OF A COMMERCIAL CHARACTER IN THE INTERNAL MARKET OF THE EU

This article raises problem of the compatibility of state monopolies of a commercial character with the EC Treaty, especially with Article 31 of the Treaty. In the first place, it explains notion of state monopoly in general and establishes conditions, which must be fulfilled in the light of the national constitutional law in order to create state exclusivity in some field of national economy. Next it turns into question of the compatibility of the state monopolies in general (of all characters) with community law. Third, it explains specific features of state monopolies of a commercial character in the light of Article 31 of the Treaty, namely facts, that these monopolies are bodies, which are engaged in trade of goods and through which a member state, in law or in fact, either directly or indirectly supervises, determines or appreciably influences imports or exports between member states. In the next step, this article is concerned with member states's obligation to adjust state monopolies of a commercial character so as to ensure that no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of member states (which results from the wording of Article 31 of the Treaty). Finally, there is described the legal way, by which abovementioned obligation is supervised and executed by community institutions.