Reference for a preliminary ruling from the Tribunal de Grande Instance de Périgueux (France) lodged on 9 November 2009 — AG2R Prévoyance v Beaudout Père et Fils SARL

(Case C-437/09)

2010/C 24/48

Language of the case: French

Referring court

Tribunal de Grande Instance de Périgueux

Parties to the main proceedings

Applicant: AG2R Prévoyance

Defendant: Beaudout Père et Fils SARL

Question referred

Are a provision making affiliation to a supplementary healthcare scheme compulsory, as provided for under Article L 912-1 of the Social Security Code, and the addendum, made compulsory by the public authorities at the request of organisations representing employers and workers in a given sector, which provides for affiliation to a single body, designated to manage a supplementary healthcare scheme, without any possibility for undertakings in that sector to be granted a waiver of the affiliation obligation, in compliance with Articles 81 EC and 82 EC, or are they such as to place the designated body in a dominant position constituting an abuse?