C‑221/12Belgacom NV v Interkommunale voor Teledistributie van het Gewest Antwerpen (INTEGAN) and Others

Domstolens egne nøkkelord

Requests for a preliminary ruling — Article 49 TFEU — Freedom of establishment — Article 56 TFEU — Freedom to provide services — Principles of equal treatment and non-discrimination — Obligation of transparency — Scope — Agreement concluded by public entities of one Member State and an undertaking of that Member State — Transfer, by those entities, of their television provision activities and, for a fixed period, the exclusive right to use their cable networks, to an undertaking in that Member State — Possibility for an economic operator of that same State to rely on Articles 49 TFEU and 56 TFEU before the courts of that Member State — No invitation to tender — Justification — Existence of an earlier agreement — Transaction intended to put an end to litigation concerning the interpretation of that agreement — Risk of depreciation of the transferred activity.

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