Source: All England Reporter
Publisher Citation: [2002] All ER (D) 139 (Jan)
Court: Court of Justice of the European Communities (Fifth Chamber)

Judges von Bahr (President of the Fourth Chamber, Acting President of the Fifth Chamber), Edward, La Pergola, Wathelet (Rapporteur) and Timmermans

Judgment Dates: 22 January 2002


European Community - Rules on Competition - Public body providing compulsory insurance against accidents and illness at work - Whether public body an undertaking - Council Regulation (EEC) 1408/71 - Council Regulation (EEC) 574/72 - EC Treaty, arts 85, 86 and 90 (now arts 81 EC, 82 EC and 86 EC).

The Case

On a reference to the Court of Justice of the European Communities by the Italian Tribunale di Vicenza for a preliminary ruling on questions on the interpretation of arts85, 86, 90 of the EC Treaty (now arts81 EC, 82 EC and 90 EC), the court ruled that the concept of an undertaking within the meaning of arts85 and 86, did not cover a body entrusted by law with the management of a scheme providing insurance against accidents at work and occupational diseases.

Practice Areas

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