Judgment_paragraph 28 · API – Anonima Petroli Italiana SpA and Others v Ministero delle Infrastrutture e dei Trasporti and Others (C-184/13, C-185/13, C-186/13, C-187/13, C-194/13, C-195/13, C-208/13)

28It should be noted, as is apparent from the Court’s settled case-law, that, although it is true that Article 101 TFEU is concerned solely with the conduct of undertakings and not with laws or regulations emanating from Member States, that article, read in conjunction with Article 4(3) TEU, which lays down a duty of cooperation between the European Union and the Member States, none the less requires the latter not to introduce or maintain in force measures, even of a legislative or regulatory nature, which may render ineffective the competition rules applicable to undertakings (see judgments in Cipolla and Others, C‑94/04 and C‑202/04, EU:C:2006:758, paragraph 46, and Sbarigia, C‑393/08, EU:C:2010:388, paragraph 31).