The EU General Court annuls a decision of the Commission that found no State aid because it considered the recipient of the measure was not an undertaking (Dôvera zdravotná poist’ovňa)

Application of State aid and competition law rules to the health sector reinforced by the General Court* The General Court has annulled a decision of the EU Commission finding no state aid because the recipient of the measure, a Slovak health insurance body was not an undertaking. According to the General Court, a health insurance body has to be considered an undertaking and is therefore susceptible to benefit from State aid where it offers goods and services on a market and is in competition as regards the quality and scope of services with operators seeking to make a profit and has the ability to make, use and distribute part of its profits, notwithstanding the social and solidarity nature of certain other features of the health system. The General Court reached this conclusion

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Philippe-Emmanuel Partsch, The EU General Court annuls a decision of the Commission that found no State aid because it considered the recipient of the measure was not an undertaking (Dôvera zdravotná poist’ovňa), 5 February 2018, e-Competitions Bulletin February 2018, Art. N° 86510

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