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  , 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  entitles organisations representing employers and employees to establish, by way of collective agreements, compulsory affiliation schemes for supplementary reimbursement of healthcare costs  and to entrust a single
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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