TFEU as well as of the legal consequences arising from the unlawfulness of aid help to explain the absence of any PCA’s relevant recommendations on this specific area of competition law. 1.5. The scope of competition rules and Services of general economic interest Article 106 (1) TFEU provides for the obligation of Member States shall neither enact nor maintain in force any measure contrary to the rules contained in the Treaties, in particular to those rules provided for in Article 1860 and Articles 101 to 10961 - in the case of public undertakings and undertakings to which Member States grant special or exclusive rights. Moreover, article 106 (2) TFEU provides that in so far as the application of competition rules does not obstruct the performance, in law or in fact, of the particular tasks assigned to undertakings entrusted with the operation of services of general economic interest (“SGEI”) or having the character of a revenue-producing monopoly shall be subject to the rules contained in the Treaties, in particular to the rules on competition. And establishes that “The development of trade must not be affected to such an extent as would be contrary to the interests of the Union”. Article 4 of the CA is in the same line. Interestingly for the present contribution, the PCA has already issued Recommendations in the context of an exclusive concession for the exploitation of touristic and sportive activities above 800 metres altitude in Serra da Estrela on July 28, 202062. The Recommendations were addressed to the Government as awarding entity and also indirectly to Turistrela as concessionaire (since 1986 and for a period of 60 years). The assessment of the referred concession was initiated after the PCA received a presentation by the President of the Intermunicipal Assembly of CIM from Beiras and Serra da Estrela (CIMBSE4) which includes the geographic area of the concession within its area. According to the PCA, the Recommendations aimed at “ensuring an efficient monitoring and implementation of the aims of the concession contract, as well as promoting higher transparency and competition in the subconcession of the services included in the contract”. 60 Article 18 TFEU prohibits discrimination on grounds of nationality save for specific provisions in the Treaties. 61 These provisions concern “The rules on competition”, inserted in Chapter 1 of Title VII – Common rules on competition, taxation and harmonization of laws. 62 Available at https://www.concorrencia.pt/sites/default/files/processos_e_decisoes/epr/2020/2020%2520- %2520Recomendac%CC%A7a%CC%83o%2520da%2520AdC_Concessa%CC%83o%2520da%2520Serra %2520da%2520Estrela.pdf. 141 THE SWEET&SOUR TASTE OF TOURISM AND COMPETITION LAW INTERACTION
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