In exceptional cases, Article 101 TFEU may also apply to state regulations. In Van Eycke against ASPA, the Court held that Article 101 `obliges Member States not to introduce or maintain measures, including legislative measures, which are likely to render ineffective the competition rules applicable to undertakings`. [15] The Court goes on to find that this would be the case «where a Member State requires or promotes the adoption of agreements, decisions or concerted practices which infringe Article 85, or reinforces its effects or deprives its own legislation of its official character by taking responsibility for decisions relating to the economic field, delegated to private economic operators». Section 136. (1) For the proper functioning of the economy. Social dialogue is a fundamental element of the European social model. It enables the social partners (representatives of the social partners) to contribute actively to the development of European employment and social policies, including through agreements. In 1991, UNICE, ETUC and CEEP adopted a joint agreement calling for mandatory consultation of the social partners on social legislation and the possibility for the social partners to negotiate framework agreements at Community level. This requirement was recognised in the Agreement on Social Policy annexed to the Maastricht Protocol on Social Policy, signed by all Member States. At national level, the social partners have thus had the opportunity to implement directives through collective agreements.

Article 101 TFEU does not explicitly prohibit cartels, but declares illegal all `agreements, decisions and concerted practices` which are contrary to competition and distort the internal market. The term «company» is a Europeak word for any person or company of a company and is used to describe those who «have an economic activity». [11] The term «(i) excludes workers who, by their very nature, are the opposite of the independent exercise of an economic or commercial activity»,[12] and (ii) public services based on «solidarity» for «social» purposes. [13] From 1998 onwards, the sectoral social dialogue was also vigorously strengthened following Commission Decision 98/500/EC of 20 May 1998. Several committees set up in the main economic sectors have yielded valuable results. Three European Agreements on the organisation of seafarers` working time (1998), the organisation of working time for mobile workers in civil aviation (2000) and certain aspects of the working conditions of mobile workers in cross-border interoperable services in the rail sector (2005) have been concluded and implemented by Council Decisions. . . .