Fenin Advocate General opinion (concept of undertaking)

Opinion of Advocate General Poiares Maduro in the appeal to the European Court of Justice of the Court of First Instance's judgment in the Fenin case.

The opinion suggests that the matter should be referred back to the Court of First Instance for a more accurate finding of fact as to whether the Spanish national health service bodies accused of an Article 82 infringement by Fenin are acting as undertakings in their management of the health service, including through their ability to use sub-contractors, even if the ultimate objective that these bodies are entrusted with — free health care on the grounds of solidarity — is not economic.

For further information or advice please contact Franck Latrémolière.

Filed under Article 82, ECJ/CFI, Economic activity, Healthcare.

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