General Scheme - Agreements between Undertakings, Decisions by Associations of Undertakings and Concerted Practices - Undertakings

5 important questions on General Scheme - Agreements between Undertakings, Decisions by Associations of Undertakings and Concerted Practices - Undertakings

Which body has been interpreting 'undertaking'?

EU Commission and the CJEU in the widest possible sense to include any legal or natural person, regardless of the legal status of that entity, engaged economic activity, whether in the provision of goods or services, including cultural or sporting activities (Bosman (case C-415/93)).

Federation Francaise des Societes d'Assurance v Ministere de l'Agriculture et de la Peche

It is not necessary that the activity be pursued with a view to profit.

Bodson v Pompes Funebres

In that case a licensing arrangement, the local authority granted exclusive rights in respect of certain funeral services to the Societe des Pompes Funebres, was held not to constitute an 'agreement between undertakings' within Article 101(1); but had the municipality imposed a certain level of prices on the licenses the Court suggested that it would have been subject to EU competition rules.
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A-G Fennelly, Sodemare (case C-70/95)

By 'solidarity' is meant the 'inherently uncommercial act of involuntary subsidization of one social group by another'.

What does "social security" means?

State social security systems are characterised by solidarity - contributions are paid by all members, benefits are paid to all who are eligible regardless of the level of their contributions and all are accepted as members regardless of the level of exposure to the risks for which they are insured.

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