Opinion on tests for economic activity (Kattner Stahlbau)

Opinion (about 16 pages) of ECJ Advocate General Mazák on whether the provider of a compulsory insurance scheme for occupational risks in Germany is engaged in an economic activity and acting as an "undertaking" for the purpose of EC competition law (in this case Article 82 and Article 86).

The opinion proposes that, subject to confirmation of facts about State supervision by the German court which referred the question to the ECJ, the insurance body should not be seen as an undertaking in this case, because it meets the conditions set in the Cisal judgment to:

Note on ECJ Advocate General opinions

For further information or advice please contact Franck Latrémolière.

Filed under ECJ/CFI, Economic activity.

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