Do Health Insurance Companies Exercise an Economic Activity?

Abstract

Protection of competition represents a significant part of EU law. The notion of undertaking, being a central notion for the regulation of state aid, is related to an economic activity. Social activities are, in general, excluded from economic activities. The compulsory healthy insurance system in Slovakia combines social elements with competition elements Thus, it was questionable whether health insurance companies are undertakings for the purposes of Article 107 TFEU. A recent judgement of the Court of Justice in joined cases C-262/18 P and C-271/18 P Dôvera gives a definite answer to the question. This article presents the case and it puts it into a broader context of state aid rules.