A French Court of Appeal dismisses claims that a compulsory affiliation scheme for supplementary reimbursement of healthcare costs infringes Art. 102 and 106 TFEU (Hurstel-Koenig)

In three identically worded judgments dated 28 June 2013, the Court of appeal of Colmar (hereinafter the ‘Court of appeal’) dismissed claims that a compulsory affiliation scheme for supplementary reimbursement of healthcare costs amounts to a State measure contrary to Article 102 TFEU read in conjunction with Article 106 TFEU. Applying the ECJ’s ruling in AG2R Prévoyance v Beaudout [1] , it found that that scheme did not (automatically) lead to an abuse of a dominant position. Factual and legal background A specific legal provision of the French Social Security Code [2] entitles organisations representing employers and employees to establish, by way of collective agreements, compulsory affiliation schemes for supplementary reimbursement of healthcare costs [3] and to entrust a single

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  • Baker Botts (Brussels)

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Daniel Vasbeck, A French Court of Appeal dismisses claims that a compulsory affiliation scheme for supplementary reimbursement of healthcare costs infringes Art. 102 and 106 TFEU (Hurstel-Koenig), 28 June 2013, e-Competitions Bulletin June 2013, Art. N° 56290

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