Keywords
competition law, State aid, undertaking, economic activity, solidarity
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.
Recommended Citation
Aldescu, E., & Neves, I. (2021). 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 (Joined cases C-262/18P and C-271/18P). Yearbook of Antitrust and Regulatory Studies, 13(22), 141-152. https://doi.org/10.7172/1689-9024.YARS.2021.14.23.6
First Page
141
Last Page
152
Page Count
11
Received Date
11.03.2021
Accepted Date
18.08.2021
DOI
10.7172/1689-9024.YARS.2021.14.23.6
Publisher
University of Warsaw
Publication Date
2021-09-15