CASE COMMENT: UNILATERAL PRACTICES - NOTION OF UNDERTAKING - SOLIDARITY PRINCIPE - STATE CONTROL

Notion of undertaking: The ECJ, applying its Cisal ruling, holds that a body providing insurance against accidents at work and occupational diseases is not an undertaking within the meaning of article 82 EC if its activity is subject to the principle of solidarity and subject to State control (Kattner Stahlbau)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. ECJ, 5.3.09, Kattner Stahlbau GmbH, case C-350/07 In a judgment delivered by way of preliminary ruling, the Court of Justice is called upon to review the concept of undertaking within the meaning of Article 82 EC in order to answer a question from a court in a dispute between a German construction company, Kattner, and the insurance body with which it was obliged, under German law, to take out insurance against the risk of accidents at work. The plaintiff in the main

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  • Catholic University of Louvain

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Anne-Lise Sibony, Notion of undertaking: The ECJ, applying its Cisal ruling, holds that a body providing insurance against accidents at work and occupational diseases is not an undertaking within the meaning of article 82 EC if its activity is subject to the principle of solidarity and subject to State control (Kattner Stahlbau), 5 March 2009, Concurrences N° 2-2009, Art. N° 26024, pp. 116-117

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