PROTECTION OF COMPETITION THROUGH THE PRINCIPLE OF LEGAL CERTAINTY - THE ROLE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION

Resumo

The present work is concentrated on the analysis of the rule of reason of law in European Union law and especially in the sector of european competition law, where the rule of reason is a guarantee of the crystallization of the rules that constituted the normative basis for the law to access to the market, to the tariffs of regulated services rather than to the management of infrastructures, etc. The rule of reason stands as predictability of the consequences of behavior as we see from the analysis of the Court of Justice of the European Union and especially according to the preliminary ruling trying to guarantee the principle under examination as fundamental of the good functioning of the European market, both in the access phase and in the operational phase, to the point that any other Community law is applied only in coherence and full compatibility with the latter.