Non-Economic Activities with Economic Features: the Speciality of ‘Hybrid’ Social Security systems. Case Comment to the Judgment of the EU Court of Justice of 11 June 2020 European Commission and Slovak Republic v Dôvera zdravotná poist’ovňa...
Non-Economic Activities with Economic Features: the Speciality of ‘Hybrid’ Social Security systems. Case Comment to the Judgment of the EU Court of Justice of 11 June 2020 "European Commission and Slovak Republic v Dôvera zdravotná poist’ovňa"...
Author(s): Elena Aldescu, Inês NevesSubject(s): Economic policy, Law on Economics, Commercial Law, Court case
Published by: Wydawnictwo Naukowe Wydziału Zarządzania Uniwersytetu Warszawskiego
Keywords: competition law; State aid; undertaking; economic activity; solidarity;
Summary/Abstract: Following two appeals against a judgment of the General Court regarding the qualification of a series of measures of financial support as State aid(s), the Court of Justice clarifies that secondary and ancillary competitive elements within a social security system, and the presence of for-profit operators, are not such as to override the non-economic nature of the activities concerned. Therefore, should the characteristics derived from the principle of solidarity prevail, the recipient of the measures will not qualify as an ‘undertaking’, for the purposes of State aid rules.
Journal: Yearbook of Antitrust and Regulatory Studies (YARS)
- Issue Year: 14/2021
- Issue No: 23
- Page Range: 141-152
- Page Count: 12
- Language: English