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Social Services of General Interest (SSGI)

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solidarity which are not comparable with the features that characterise compulsory social security schemes, it nevertheless carries on an economic activity in competition<br />

with life assurance companies. 35<br />

The activity <strong>of</strong> a pension fund charged with the management <strong>of</strong> a supplementary pension scheme set up by a collective agreement concluded between organisations<br />

representing employers and workers in a given sector, to which affiliation has been made compulsory by the public authorities for all workers in that sector, and which is<br />

independent in deciding about the level <strong>of</strong> contributions paid and pension entitlements granted, and applies the principle <strong>of</strong> capitalisation. 36<br />

12<br />

Medical activities are economic activities even if such activities are not for pr<strong>of</strong>it. 37<br />

Owing to their sovereign character the following activities are non-economic:<br />

Air navigation safety services as they are connected to the exercise <strong>of</strong> powers relating to the control and supervision <strong>of</strong> air space which are typically those <strong>of</strong> a<br />

public authority 38<br />

An anti-pollution surveillance with which a body governed by private law has been entrusted by the public authorities in an oil port <strong>of</strong> a Member State, as such an<br />

activity is connected with the exercise <strong>of</strong> powers relating to the protection <strong>of</strong> the environment which are typically those <strong>of</strong> a public authority, even where port users must pay<br />

dues to finance that activity 39<br />

The allocation, by auction by the national regulatory authority responsible for spectrum assignment, <strong>of</strong> rights such as rights to use frequencies in the electromagnetic<br />

spectrum with the aim <strong>of</strong> providing the public with mobile telecommunication services, as the authority exclusively carries out the activity <strong>of</strong> controlling and regulating the<br />

use <strong>of</strong> the electromagnetic spectrum which has been expressly delegated to it, even if the issuing <strong>of</strong> the licences in question gives rise to a payment. 40<br />

Funding <strong>of</strong> functions belonging to the tasks <strong>of</strong> public safety and security or their related infrastructure 41<br />

Maritime traffic control and safety 42<br />

35<br />

ECJ, Case C-244/94, FFSA, ECR 1995, I-4013, par. 21.<br />

36<br />

ECJ, Case C-67/96, Albany International, ECR 1999, I-5751, par. 85; Joined Cases C-115/97 to C-117/97, Brentjens' Handelsonderneming BV, ECR 1999, I-06025, par. 85<br />

f; Case C-219/97, Maatschappij Drijvende Bokken BV, ECR 1999, I-6121, par. 75 f.<br />

37<br />

Case C-157/99, Smits and Peerbooms, ECR 2001, I-5437, par. 50-52.<br />

38<br />

ECJ, Case C-364/92, SAT/Eurocontrol, ECR 1994, I-43, par. 30.<br />

39<br />

ECJ, Case 343/95, Porto do Genova, ECR 1997, 1547, par. 22-25.<br />

40<br />

ECJ, Case C-369/04, Hutchison 3G and Others, ECR 2007, I-5247, par. 43; ECJ, C-284/04, T-Mobile Austria, ECR 2007, I-5189, par. 44-46.<br />

41<br />

See also Commission Decision <strong>of</strong> 7-3-2007, State aid no. N 619/2006, Germany – development <strong>of</strong> Augsburg airport, par. 24, retrievable from: http://ec.europa.eu/community_law/state_aids/transports-2006/n619-06.pdf.

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