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Greening Article 101 TFEU: The Role of the Environmental Integration Clause of Article 11 TFEU

Achak, Hannae LU (2025) JAEM01 20251
Faculty of Law
Department of Law
Abstract
Climate change is one of the defining challenges of our time. The EU has recognised the need to limit global warming to 1.5°C to avoid catastrophic environmental, societal, and economic consequences. This political ambition is anchored in legal obligations. Article 11 TFEU requires that environmental protection be integrated into all EU policies and activities. However, despite this constitutional requirement, practical implementations are often lacking. In the event of insufficient action, increasing attention is being placed on the role of undertakings in achieving sustainability, such as through sustainable coop-eration. Yet this brings legal friction since these kinds of coordination potentially infringe Article 101 TFEU, which... (More)
Climate change is one of the defining challenges of our time. The EU has recognised the need to limit global warming to 1.5°C to avoid catastrophic environmental, societal, and economic consequences. This political ambition is anchored in legal obligations. Article 11 TFEU requires that environmental protection be integrated into all EU policies and activities. However, despite this constitutional requirement, practical implementations are often lacking. In the event of insufficient action, increasing attention is being placed on the role of undertakings in achieving sustainability, such as through sustainable coop-eration. Yet this brings legal friction since these kinds of coordination potentially infringe Article 101 TFEU, which prohibits anti-competitive agreements. Because EU competition law was historically developed based on an economic approach of consumer welfare, it has not been equipped to handle environmental protection considerations. This has led to widespread legal uncertainty contributing to a chilling effect: undertakings remain unsure about how far they can go in aligning their operations with sustainability goals without risking competition law violations.

Against this background, the purpose of this thesis is to explore: ‘To what extent does Article 101 TFEU, as interpreted by the Courts and the Commission, reflect the environmental integration principle enshrined in Article 11 TFEU?’ To answer this question, the thesis examines two key sub-questions: (1) What is the legal scope and interpretative value of Article 11 TFEU, and how might it influence EU competition law? And (2) To what extent does the current interpretation and application of Article 101 TFEU allow for the consideration of environmental sustainability, as required under the integration obligation? The analysis reveals a gradual, yet still partial, greening tendency in the interpretation of Article 101 TFEU. Recent developments, including revised EC’s Horizontal Guidelines and judicial recognition of broader societal values, signal a shift towards a greener under-standing of Article 101 TFEU. However, the level of integration remains limited in practice due to legal uncertainty, institutional caution, and the dominance of a narrow consumer welfare definition. While Article 11 TFEU, and its counterpart, Article 37 CFR, offer a constitutional foundation for integrating environmental concerns, their influence on competition law remains questioned. Ultimately, the thesis finds that the greening of Article 101 TFEU is ongoing, but far from complete. (Less)
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author
Achak, Hannae LU
supervisor
organization
course
JAEM01 20251
year
type
H1 - Master's Degree (One Year)
subject
language
English
id
9199961
date added to LUP
2025-06-16 10:54:51
date last changed
2025-06-16 10:54:51
@misc{9199961,
  abstract     = {{Climate change is one of the defining challenges of our time. The EU has recognised the need to limit global warming to 1.5°C to avoid catastrophic environmental, societal, and economic consequences. This political ambition is anchored in legal obligations. Article 11 TFEU requires that environmental protection be integrated into all EU policies and activities. However, despite this constitutional requirement, practical implementations are often lacking. In the event of insufficient action, increasing attention is being placed on the role of undertakings in achieving sustainability, such as through sustainable coop-eration. Yet this brings legal friction since these kinds of coordination potentially infringe Article 101 TFEU, which prohibits anti-competitive agreements. Because EU competition law was historically developed based on an economic approach of consumer welfare, it has not been equipped to handle environmental protection considerations. This has led to widespread legal uncertainty contributing to a chilling effect: undertakings remain unsure about how far they can go in aligning their operations with sustainability goals without risking competition law violations. 

Against this background, the purpose of this thesis is to explore: ‘To what extent does Article 101 TFEU, as interpreted by the Courts and the Commission, reflect the environmental integration principle enshrined in Article 11 TFEU?’ To answer this question, the thesis examines two key sub-questions: (1) What is the legal scope and interpretative value of Article 11 TFEU, and how might it influence EU competition law? And (2) To what extent does the current interpretation and application of Article 101 TFEU allow for the consideration of environmental sustainability, as required under the integration obligation? The analysis reveals a gradual, yet still partial, greening tendency in the interpretation of Article 101 TFEU. Recent developments, including revised EC’s Horizontal Guidelines and judicial recognition of broader societal values, signal a shift towards a greener under-standing of Article 101 TFEU. However, the level of integration remains limited in practice due to legal uncertainty, institutional caution, and the dominance of a narrow consumer welfare definition. While Article 11 TFEU, and its counterpart, Article 37 CFR, offer a constitutional foundation for integrating environmental concerns, their influence on competition law remains questioned. Ultimately, the thesis finds that the greening of Article 101 TFEU is ongoing, but far from complete.}},
  author       = {{Achak, Hannae}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Greening Article 101 TFEU: The Role of the Environmental Integration Clause of Article 11 TFEU}},
  year         = {{2025}},
}