Social Services of General Interest (SSGI)

par. 35ff.
It is not impossible that a public
subsidy granted to an undertaking which
provides only local or regional transport
services may none the less have an effect
on trade between Member States, since,
where a Member State grants a public
subsidy to an undertaking, the supply of
transport services by that undertaking may
for that reason be maintained or increased
with the result that undertakings established
in other Member States have less chance of
providing their transport services in the
market in that Member State: ECJ Case C-
280/00 Altmark Trans, ECR 2003, I-7747,
par. 77f.
For aid in areas of theatre, dance,
music and audiovisual activities with
comparatively high (international) diffusion
it cannot be excluded that such aid has a
certain effect on intra-Community trade:
Commission Decision N 340/2007, Aid for
theatre, dance, music and audiovisual
activities, OJ 2007 C 206/01.
Capability of affecting trade
between Member States does not depend on
the local or regional character of the
services supplied or on the scale of the field
of activity concerned; medical
practitioners specialising in dentistry are
competing with medical practitioners from
other Member States: ECJ Case C-172/03
Heiser, ECR 2005, I-1627, par. 33.
42
population of roughly four million (above
that of some Member States), concerns a
substantial part of the common market:
ECJ Case C-475/99 Ambulanz Glöckner,
ECR 2001, I-8089, par. 38.
such teaching being performed at a
university located in another Member
State: ECJ Case C-120/95 Jundt,
judgment of 18-12-2007, par. 53.
Social benefits (child raising
allowance) – the cross-border element
remains applicable to a frontier worker
even when a German citizen moves to
another Member State while retaining his
employment relationship in Germany:
ECJ Case C-212/05 Hartmann, ECR
2007, I-6303, par. 20.
Gambling for charitable
purposes – provided that at least one of
the service providers may be established
in another Member State where the
service is provided (restriction
justifiable): ECJ Case C-67/98 Zenatti,
ECR 1999, I-7289, par. 24.
answered in the affirmative for a
cooperation agreement for providing
postal services which are not
reserved, in this concrete case the
annual payment for this service was
only EUR 12,020.42. The mere fact
that the Community legislature
considered that the strict special
procedures laid down in the directives
on public procurement are not
appropriate in the case of public
contracts of small value does not mean
that those contracts are excluded from
the scope of Community law ECJ Case
C220/06, Asociación Profesional de
Empesas v Administración General del
Estado, judgment of 18-12-2007, par.
72; in this sense also ECJ Case C-
59/00, Vestergaard, ECR 2001, I-9505,
par. 19; ECJ Case C-264/03,
Commission v France, ECR 2005, I-
8831, par. 33.