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dc.contributor.authorGrzejdziak, Łukasz
dc.date.accessioned2012-05-06T15:39:36Z
dc.date.available2012-05-06T15:39:36Z
dc.date.issued2011
dc.identifier.urihttp://depot.ceon.pl/handle/123456789/168
dc.description.abstractThe 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.isoenen
dc.publisherCenter for Antitrust and Regulatory Studiesen
dc.rightsCreative Commons Uznanie autorstwa 3.0 Polskapl_PL
dc.rights.urihttp://creativecommons.org/licenses/by/3.0/pl/legalcode
dc.subjectservices of general economic interesten
dc.subjectnotification of state aiden
dc.subjectadverse effect on competitionen
dc.subjecteffect on trade between Member Statesen
dc.subjectcross-subsidizationen
dc.subjectsocial solidarityen
dc.subjectpublic undertakingsen
dc.subjectnotion of undertaking in the EU competition lawen
dc.subjectwrite-off of the debts of an undertakingen
dc.subjectnotion of state aiden
dc.subjectstate aiden
dc.subjecthospital servicesen
dc.subjecthealthcare servicesen
dc.subjectPolanden
dc.titleMr Hoefner, Mr Elser, Please Welcome to Poland. Some Comments on the Polish Healthcare System Reform from the Perspective of State Aid Lawen
dc.typeinfo:eu-repo/semantics/articleen
dc.contributor.organizationFaculty of Law and Administration, University of Łódźen
dc.description.epersonMichał Mijal
dc.rights.DELETETHISFIELDinfo:eu-repo/semantics/openAccess


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Creative Commons Uznanie autorstwa 3.0 Polska
Except where otherwise noted, this item's license is described as Creative Commons Uznanie autorstwa 3.0 Polska