ECJ judgment on Fenin (concept of undertaking)

European Court of Justice judgment (about 5 pages) in the Fenin case, confirming the CFI view that a purchasing activity is only subject to competition law if it is undertaken for an economic purpose (supply of goods or services on a market) rather than for a social purpose.

The court dismissed as inadmissible the claim by the appellants that the health service bodies in question might have been acting as undertakings in their supply of healthcare services. That claim had been endorsed by the Advocate General but the court accepted the Commission's submission that it was out of time as it had not been canvassed in the CFI proceedings.

See Fenin for more details and links to related cases.

For further information or advice please contact Franck Latrémolière.

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

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