Art. 43 - Level playing field - Directive 2009-72

Article 43

Level playing field

1. Measures that the Member States may take pursuant to this Directive in order to ensure a level playing field shall be compat­ ible with the Treaty, notably Article 30 thereof, and with Com­ munity law.

2. The measures referred to in paragraph 1 shall be propor­ tionate, non-discriminatory and transparent. Those measures may be put into effect only following the notification to and approval by the Commission.

3. The Commission shall act on the notification referred to in paragraph 2 within two months of the receipt of the notification. That period shall begin on the day following receipt of the com­ plete information. In the event that the Commission has not acted within that two-month period, it shall be deemed not to have raised objections to the notified measures.