dc.contributor.author | Grzejdziak, Łukasz | |
dc.date.accessioned | 2012-05-06T15:39:36Z | |
dc.date.available | 2012-05-06T15:39:36Z | |
dc.date.issued | 2011 | |
dc.identifier.uri | http://depot.ceon.pl/handle/123456789/168 | |
dc.description.abstract | The purpose of this paper is to verify the hypothesis that a debt write-off
implemented recently by Polish authorities in favour of public hospitals constitutes
State aid within the meaning of Article 107(1) of the Treaty of the Functioning of
the European Union. The paper contains a detailed description of the nature of the
measure – its historical background, regulatory context, as well as its construction.
It presents an in-depth analysis of the fulfilment by the measure of the conditions stipulated in Article 107(1) TFEU. As a preliminary issue, the analysis addresses
the problem whether Polish public hospitals can be considered as undertakings
within the meaning of EU competition law, particularly, as to their activity financed
by the sickness fund organized under the principle of social solidarity. The answer
to this question seems to be affirmative and in line with the landmark Hoefner and
Elser judgments where the ECJ held that the way in which an entity is financed
is irrelevant for its classification as an undertaking. The paper argues in favour of
the thesis that the debt write-off must be considered as affecting trade between
Member States and competition. Consequently, and contrary to the official position
of the Polish government, the measure in question is classified as State aid. | en |
dc.language.iso | en | en |
dc.publisher | Center for Antitrust and Regulatory Studies | en |
dc.rights | Creative Commons Uznanie autorstwa 3.0 Polska | pl_PL |
dc.rights.uri | http://creativecommons.org/licenses/by/3.0/pl/legalcode | |
dc.subject | services of general economic interest | en |
dc.subject | notification of state aid | en |
dc.subject | adverse effect on competition | en |
dc.subject | effect on trade between Member States | en |
dc.subject | cross-subsidization | en |
dc.subject | social solidarity | en |
dc.subject | public undertakings | en |
dc.subject | notion of undertaking in the EU competition law | en |
dc.subject | write-off of the debts of an undertaking | en |
dc.subject | notion of state aid | en |
dc.subject | state aid | en |
dc.subject | hospital services | en |
dc.subject | healthcare services | en |
dc.subject | Poland | en |
dc.title | Mr Hoefner, Mr Elser, Please Welcome to Poland. Some Comments on the Polish Healthcare System Reform from the Perspective of State Aid Law | en |
dc.type | info:eu-repo/semantics/article | en |
dc.contributor.organization | Faculty of Law and Administration, University of Łódź | en |
dc.description.eperson | Michał Mijal | |
dc.rights.DELETETHISFIELD | info:eu-repo/semantics/openAccess | |