Social Services of General Interest (SSGI)

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2021, par. 18; Case C-305/89, Italy v Commission, ECR 1991, I-1603, par. 26; Commission Decision of 17-1-1995, OJ 1995 L 159/21. Also undertakings which operate only locally and are not involved in exports (exports by undertakings from other Member States are reduced): in this sense ECJ Case 102/87, France v Commission, ECR 1988. 4067, par. 19; Case C-278/92, Spain v Commission, ECR 1994, I-4103, par. 40ff; Case C-88/03, Portugal v Commission, ECR 2006, I-7115, par. 91 (selective local aid); CFI Case T–288/97, Regione Friuli Venezia Giulia, ECR 2001, II-1169, par. 51. Also not excluded for relatively small amount of aid and relatively small size of the undertaking receiving such aid: in this sense ECJ Case C-142/87, Belgium v Commission, ECR 1990, I-959, par. 43; Case C-278/92 i.a., Spain v Commission, ECR 1994, I-4103, par. 40f; CFI Case T-214/95, Vlaams Gewest v Commission, ECR 1998, II- 717, par. 48f. 40 concerned: Commission Decision 94/119/EG, Port of Rodby, OJ 1994 L 55/52; ECJ Case C-179/90 Porto di Genova, ECR 1991, I-5889 par. 15; Case C-242/95, GT-Link, ECR 1997, I-4449, par. 36f; Case C-163/96, Pretura circondariale di La Spezia, ECR 1998, I- 533, par. 26 (port); CFI Case T-128/98, Paris airports, ECR 2000, II-3929, par. 152 (airport); ECJ Case C-395/96 P Compagnie maritime belge, ECR 2000, I- 1365, par. 47; Commission Decision 92/213/EEC, British Midland, OJ 1992 L 96/34 (transport route). Jersey Produce Marketing Organisation, ECR 2005, I-9543 (potential restriction on exports under a purely regional levy); similar ECJ Case C-72/03 Carbonati Apuani, ECR 2004, I-8027. For services it suffices for a recipient to cross the border (principle of ‘passive’ freedom to provide services): ECJ Case C-286/82 i.a., Luisi & Carbone, ECR 1984, 377, par. 10; Case C-198/89, Commission v Greece (tourist guide); ECR 1991, I-727, par. 9; Case C- 180/89, Commission v Italy, (tourist guide), ECR 1991, I-709, par. 8; Case C- 154/89, Commission v France (tourist guide), ECR 1991, I-659, par. 9; ECJ Case C-224/97, Ciola, ECR 1999, I-2517. C-44/98, BASF, ECR 1999, I-6269, par. 16; Case C-431/01, Mertens, ECR 2002, I-7073, par. 34; Case 231/03, Coname, ECR 2005, I-7287, par. 20. Circumstance suffices that cross-border interest cannot be excluded: ECJ Case 87/94, Commission v Belgium, ECR 1996, I-2043, par. 33; Case C-458/03, Parking Brixen, ECR 2005, I-8585; par. 55; Case C-380/05, Centro Europa 7 Srl, judgment of 31-1-2008, par. 66f.
5.2. Social services: cross-border implications answered in the affirmative Competition law (Art 81, 82 and 87 EC) 169 Influence on trade and competition between Substantial part of the common market Member States (Art 82 EC) Operating a compulsory social- A public employment agency insurance scheme by a single entity engaged in the business of employment constitutes influence on trade between procurement may be regarded as Member States as foreign insurers will thus be kept from offering a complete pension occupying a dominant position in terms of an undertaking vested with a legal scheme as a cross-border service: ECJ Case monopoly, provided that the area of the C-67/96 Albany, ECR 1999, 5751, par. 48ff. Member State covered by the monopoly represents a substantial part of the common market: ECJ Case 41/90 Höfner, ECR 1991 I-1979, par. 28f. A regional electricity distributor holding a non-exclusive concession for the distribution of electricity in the territory covered by the concession prohibits local electricity distributors, by means of an exclusive purchasing clause, from importing electricity for public supply purposes. In spite of the regional character of this setting it is necessary for the assessment of cross-border implications to include all contractual relationships between producers, regional electricity distributors and end-users. These contractual relationships may have the cumulative effect of compartmentalising the national market (but may be exempted from the scope of competition law under Art 86(2) EC): ECJ Case C-393/92 Municipality of Almelo, ECR 1994, I-1477, 41 In any case a substantial part of the common market is formed by the area of a Member State in respect of the collection, carriage and distribution of mail: ECJ Case 320/91, Corbeau, ECR 1993, I-2533, par. 9; in this sense also Case C-147/97, Deutsche Post AG, ECR 2000, I-825, par. 57. Ambulance services – if the dominant position involves the entire Land of Rheinland-Pfalz, this position, owing to the large surface area of the Land of almost 20,000 sqkm and a Fundamental freedoms Public procurement law 170 Cross-border element Cross-border interest (potential bidders) The decisive criterion is that Cross-border interest in any hospital treatment is carried out in case when transferring the another Member State. The fact that the publication of telephone directories national health insurer is requested to to a private undertaking under a service reimburse the costs of care is irrelevant: concession. Despite the non- in this sense ECJ Case C-157/99, Smits applicability of the Public Procurement and Peerbooms. ECR 2001, I-5473, Directive an obligation of ensuring a par. 69; Case C-385/99, Müller-Fauré, sufficient degree of advertising is ECR 2003, I-4509, par. 40ff; Case C- imposed on the contracting authority (it 372/04, Watts, ECR 2006, I-4325, par. cannot be excluded that foreign bidders 89ff; in this sense also dental are interested): ECJ Case C-324/98 treatment in another Member State: Teleaustria AG, ECR 2000, I-1074, ECJ Case C-158/96, Kohll, ECR 1998, par. 60f. I-1931, par. 35; refusal of reimbursement of the cost of spectacles bought in another Member State: ECJ Cross-border interest in the Case C-120/95 Decker, ECR 1998, I- award of a concession for the 1831, par. 34. management of a public gas- Deductibility of attendance fee distribution service of a municipality since it is not possible to exclude paid to private school – cross-border interest in obtaining that concession by implications also apply when parents live an undertaking established in another and work in one Member State and only Member State: ECJ Case C-231/03 child crosses border to attend school: ECJ Case C-76/05, Schwarz, ECR 2007, I- 6849; in this sense also refusal of tax Coname, ECR 2005, I-7287, par. 17. exemption for teaching on grounds of Cross-border interest is also 169 see also Commission Notice - Guidelines on the effect on trade concept contained in Articles 81 and 82 of the Treaty, OJ 2004 C 101/81. 170 see also Commission Interpretative Communication on the Community law applicable to contract awards not or not fully subject to the provisions of the Public Procurement Directives, OJ 2006 C 179/2.
Page 1: Social Services of General Interest
Page 4 and 5: Table of Contents Eilmansberger/Her
Page 6 and 7: Abbreviations Eilmansberger/Herzig
Page 8 and 9: Eilmansberger/Herzig • Civil defe
Page 10 and 11: Eilmansberger/Herzig However, the C
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Page 14 and 15: solidarity which are not comparable
Page 16 and 17: 14 Owing to their exclusive social
Page 18 and 19: Eilmansberger/Herzig on whether the
Page 20 and 21: Eilmansberger/Herzig In the context
Page 22 and 23: Eilmansberger/Herzig necessity of r
Page 24 and 25: Eilmansberger/Herzig can see, has o
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Page 30 and 31: Eilmansberger/Herzig services which
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Page 34 and 35: Eilmansberger/Herzig same token one
Page 36 and 37: Eilmansberger/Herzig fulfilment of
Page 38 and 39: Eilmansberger/Herzig In the social
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Page 44 and 45: par. 35ff. It is not impossible tha
Page 46 and 47: Subsidies allocated for the constru
Page 48 and 49: Eilmansberger/Herzig Alongside the
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Page 54 and 55: Executive summary Eilmansberger/Her
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