The EU General Court annuls a Commission finding that state measures in favour of health insurance organisations did not constitute state aid, and holds that the economic nature of an activity is determined by the presence of operators seeking to make a profit (Dôvera Zdravotná Poist’ovña)

This State aid case gives interesting indications regarding the definition of an undertaking and the economic or non-economic nature of its activities. The GCEU pointed out that merely being in a position of competition on a given market does not determine the economic nature of an activity, but rather the presence on that market of operators seeking to make a profit. In 1994 the Slovak health insurance system changed from a unitary system to a pluralistic system in which public and private bodies co-exist. Slovak residents can now choose between the State-owned insurance companies (SZP and VšZP), the private

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Authors

  • McDermott Will & Emery (Brussels)
  • McDermott Will & Emery (Paris)
  • McDermott Will & Emery (Brussels)

Quotation

Philip Bentley, Jacques Buhart, Mai Muto, The EU General Court annuls a Commission finding that state measures in favour of health insurance organisations did not constitute state aid, and holds that the economic nature of an activity is determined by the presence of operators seeking to make a profit (Dôvera Zdravotná Poist’ovña), 5 February 2018, e-Competitions Bulletin February 2018, Art. N° 89770

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