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

Vasbeck, Daniel

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28 Jun 2013

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

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References

French Court of Appeal of Colmar, Daniel GRIESMAR, 2A 12/02792, 28 June 2013

French Court of Appeal of Colmar, Jean-Yves KITZINGER, 2A 12/02793, 28 June 2013

French Court of Appeal of Colmar, Hurstel-Koenig, 2A 12/02795, 28 June 2013

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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Daniel Vasbeck
Baker Botts (Brussels)

Belgium 15 contributions 5069 visits

Quotation

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

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