Appendices Appendix 1 - GDP

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Appendices

                                       Appendices

                                       Appendix 1 – GDP

                              GDP European Union
 16.000.000 €
 14.000.000 €
 12.000.000 €
 10.000.000 €
  8.000.000 €
                                                                                                 GDP European Union
  6.000.000 €
  4.000.000 €
  2.000.000 €
          0€
                2007
                       2008
                              2009
                                     2010
                                            2011
                                                   2012
                                                          2013
                                                                 2014
                                                                        2015
                                                                               2016

Source: Eurostat - GDP and main components (output, expenditure and income)
[nama_10_gdp]

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Appendices

                Appendix 2 – Overview of the Treaties

Treaty of Paris – 1951                     Treaty establishing the European Coal
                                           and Steel Community (ECSC). Expired as
                                           planned in 2002
Treaty of Rome – 1957                      Treaty establishing the European Economic
                                           Community – TEEC

                                           (renamed Treaty establishing the Euro-
                                           pean Community (TEC) with the Amster-
                                           dam Treaty)
Treaty of the Single European act – 1986
Treaty of Maastricht – 1992                Treaty on the European Union – TEU

                                           The 1992 Treaty of Maastricht establsihed
                                           the European Union, the EEC becoming
                                           one of its three pillars, the European Com-
                                           munity. Hence, the treaty was renamed
                                           the Treaty establishing the European Com-
                                           munity (TEC)
Treaty of Amsterdam – 1999                 Amends the TEC and TEU
Treaty of Nice – 2002                      Amends the TEC and TEU
Treaty of Lisbon – 2007                    Amends the TEC and TEU  The TEC is
                                           renamed Treaty on the Functioning of the
                                           European Union (TFEU)

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Appendix 3 – SKI’s turnover
          (framework agreements) in Denmark 1994-2014

 Year                    1994   1995    1996   1997     1998      1999      2000       2001
 Turnover, framework
 agreements in million
 DKK (current prices)     838   1,801 2,300 2,700 2,800           3,177     3,793      4,169

 Year                    2002   2003    2004   2005     2006      2007       2008      2009
 Turnover, framework
 agreements in million
 DKK (current prices)    3,886 4,160   6,111   6,979 8,216        9,498 11,386 13,003

 Year                    2010   2011    2012   2013     2014
 Turnover, framework
 agreements in million
 DKK (current prices)    13,096 11,199 8,556 6,787      5,453
Source: Data obtained from SKI upon request

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Appendices

                                           SKI's turnover (framework agreements) in Denmark
                                                               1994-2014

      14.000

      12.000

      10.000

       8.000                                                                                                                                                              SKI's turnover from framework
                                                                                                                                                                          agreements measured in million
                                                                                                                                                                          DKK - current prices
       6.000

       4.000

       2.000

          -
                                                                                                                 2008
                                                                                                                        2009
                                                                                                                               2010
                                                                                                                                      2011
                                                                                                                                             2012
                                                                                                                                                    2013
                                                                                                                                                           2014
               1994
                      1995
                             1996
                                    1997
                                           1998
                                                  1999
                                                         2000
                                                                2001
                                                                       2002
                                                                              2003
                                                                                     2004
                                                                                            2005
                                                                                                   2006
                                                                                                          2007

Source: Data obtained from SKI upon request

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Appendices

    Appendix 4 – Summation of case law – economic activity

          Case                     Characteristics                  Deemed to be
                                                                  economic activity?
 Pavlov                   – Provide services on the market
                            in competition                                  YES
                          – Remuneration is paid
 Ambulanz Glöckner        – Granted special right
                          – Entrusted with SGI and coex-
                            isted with private independent
                            operators
                          – Remuneration paid (from the
                            public and private health in-                   YES
                            surers)
                          – Such activities have not al-
                            ways been, and are not nec-
                            essarily, carried on by such
                            organisations or by public
                            authorities
 Humbel                   – Entrusted with SGI                              NO
                          – No remuneration
 Commission v Germany – Provide services on the market
                        in competition                                      YES
                      – Remuneration is paid
Source: Based on the author’s own review of case law

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Appendices

             Appendix 5 – Summation of case law – solidarity

                                                                              Deemed to be an
      Case                           Characteristics
                                                                               undertaking?
 Poucet and      –   compulsory participation
 Pistre          –   exclusively social function
                 –   same benefits regardless of contribution
                                                                                       NO
                 –   no influence on the level on contributions
                 –   principle of solidarity
                 –   non-profit-making
 Cisal           –   compulsory participation
                 –   same benefits regardless of contribution
                                                                                       NO
                 –   principle of solidarity
                 –   non-profit-making
 FFSA            – optional participation
                 – funded through the administration of a capital
                   fund, into which contributions are paid, and in
                                                                                      YES
                   which benefits are directly related to contributions,
                 – principle of capitalization
                 – non-profit-making
 Albany          – compulsory participation
 Pavlov and      – funded through the administration of a capital
 others            fund, into which contributions are paid, and in
 Brentjens         which benefits are directly related to contributions,
 Drijvende       – possibility for exemption  suggests competition,                  YES
 bokken            as exemption can only be provided when there is
                   another alternative.
                 – Principle of capitalization
                 – non-profit-making
 AOK             – Compulsory participation
                 – possibility for exemption  suggests competition,
                   as exemption can only be provided when there is
                   another alternative (this, however, is not mentioned
                   by the Court)
                 – the sickness fund compete concerning contribu-                      NO
                   tion rates in order to attract customers
                 – same benefits regardless of contribution, HOW-
                   EVER, the benefits are in kind and not reimburse-
                   ment
                 – non-profit-making
Source: Based on the author’s own review of case law

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Appendices

           Appendix 6 – Overview of the BetterCare case

                                     Contractual agreement
                                     between North & West
                                    and Be�ercare – North &
                                    West purchases the vast
                                     majority of the services
                                      provided by the two
           North & West               centers operated by               Be�ercare
                                           Be�ercare

                                        Compe��on as
                                        both provide
     • Public en�ty                                        • Private provider of residen�al care
                                        residen�al care
                                                             and nursing homes
     • Managed    eight  residen�al                        • Be�ercare has two facili�es in the
       homes, five of which for the                           Shankhill area of Belfast:
       elderly                                               - the Glencairn Care Centre, and
                                                             - the Tennent Street Care Centre
     • Had a contractual agreement
       with Be�ercare. Hence, North &                      • Be�ercare claims that North & West
       West was the sole purchaser of                        abuse the dominant posi�on
       services from Be�ercare                               - unfair terms
                                                             - unreasonably low prices
     • Claimed to hold a dominant
       posi�on                                             • The unfair condi�ons make it
                                                             difficult for Be�ercare to con�nue in
                                                             business – especially because North
                                                             & West can offer much higher
                                                             salaries to a�ract trained staff to
                                                             work in its own residen�al homes

Source: This author’s own creation based on case No. 1006/2/1/01, 1 august 2002, Bet-
terCare Group Ltd v Director General of Fair Trading

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