Keywords
Summary

Keywords

1. Competition - Undertakings entrusted with the management of services of general economic interest - Treaty rules - Direct effect

(EC Treaty, Art. 90(2) (now Art. 86(2) EC))

2. Competition - Community rules - Undertaking - Definition - Undertakings entrusted by law with the management of a scheme providing insurance against accidents at work and occupational diseases - Exclusion - Conditions

(EC Treaty, Arts 85 and 86 (now Arts 81 EC and 82 EC))

Summary

1. The provisions of Article 90(2) of the Treaty (now Article 86(2) EC) may be relied on by individuals before national courts in order to obtain review of compliance with the conditions which they lay down.

( see para. 19 )

2. The concept of an undertaking, within the meaning of Articles 85 and 86 of the EC Treaty (now Articles 81 EC and 82 EC), does not cover a body which is entrusted by law with the management of a scheme providing compulsory insurance against accidents at work and occupational diseases, where the amount of benefits and the amount of contributions are subject to supervision by the State and the compulsory affiliation which characterises such an insurance scheme is essential for the financial balance of the scheme and for application of the principle of solidarity, which means that benefits paid to insured persons are not strictly proportionate to the contributions paid by them.

Such a body fulfils an exclusively social function. Accordingly its activity is not an economic activity for the purposes of competition law.

( see paras 44-46 and operative part )