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paper 34

Legal Limits of the National Defence Privilege in the European Union

by Elena Bratanova

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Table of Contents

Preface

Introduction

1. Developments in the 1990s – Changing Attitudes?
   
2. The Commission Communiqué of 2003
   a) Competition Policy and State Aid
   b) Intra-Community Transfer and Exports
   c) Defence Procurement
3. Changed Attitude in the Light of Recent Case Law: Commission v. Spain
   a) Significance of the ECJ Judgement for the Inter-Community Transfer of Goods
   b) Relevance of the Judgement for Competition Policy
   c) New Interpretation of Defence Procurement
4. Conclusion
5. References