Non-Economic Activities with Economic Features: the Speciality of ‘Hybrid’ Social Security systems. Case Comm ent 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)

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...

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Main Authors: Elena Aldescu, Inês Neves
Format: Article
Language:English
Published: University of Warsaw 2021-06-01
Series:Yearbook of Antitrust and Regulatory Studies
Subjects:
Online Access:https://yars.wz.uw.edu.pl/images/yars2021_14_23/YARS_1423_6_Aldescu_Neves.pdf
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author Elena Aldescu
Inês Neves
author_facet Elena Aldescu
Inês Neves
author_sort Elena Aldescu
collection DOAJ
description 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.
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spelling doaj.art-134ebb10cc8944a7861b10869014f5232022-12-22T04:21:21ZengUniversity of WarsawYearbook of Antitrust and Regulatory Studies1689-90242545-01152021-06-01142314115210.7172/1689-9024.YARS.2021.14.23.6Non-Economic Activities with Economic Features: the Speciality of ‘Hybrid’ Social Security systems. Case Comm ent 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)Elena Aldescu0https://orcid.org/0000-0003-1614-6170Inês Neves1https://orcid.org/0000-0003-0448-2951Associate at Nestor Nestor Diculescu Kingston PetersenUniversity of Porto, Associate at Morais Leitão, Galvão Teles, Soares da Silva & Associados, Collaborator Researcher at Centro de Investigação Jurídico-EconómicaFollowing 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.https://yars.wz.uw.edu.pl/images/yars2021_14_23/YARS_1423_6_Aldescu_Neves.pdfcompetition lawstate aidundertakingeconomic activitysolidarity
spellingShingle Elena Aldescu
Inês Neves
Non-Economic Activities with Economic Features: the Speciality of ‘Hybrid’ Social Security systems. Case Comm ent 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
competition law
state aid
undertaking
economic activity
solidarity
title Non-Economic Activities with Economic Features: the Speciality of ‘Hybrid’ Social Security systems. Case Comm ent 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)
title_full Non-Economic Activities with Economic Features: the Speciality of ‘Hybrid’ Social Security systems. Case Comm ent 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)
title_fullStr Non-Economic Activities with Economic Features: the Speciality of ‘Hybrid’ Social Security systems. Case Comm ent 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)
title_full_unstemmed Non-Economic Activities with Economic Features: the Speciality of ‘Hybrid’ Social Security systems. Case Comm ent 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)
title_short Non-Economic Activities with Economic Features: the Speciality of ‘Hybrid’ Social Security systems. Case Comm ent 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)
title_sort non economic activities with economic features the speciality of hybrid social security systems case comm ent to the judgment of the eu court of justice of 11 june 2020 european commission and slovak republic v dovera zdravotna poist ovna joined cases c 262 18p and c 271 18p
topic competition law
state aid
undertaking
economic activity
solidarity
url https://yars.wz.uw.edu.pl/images/yars2021_14_23/YARS_1423_6_Aldescu_Neves.pdf
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