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] 467 Dorthe Kristensen Balshøj - 9788771982619 Downloaded fra Jurabibliotek.dk03/14/2022 07:05:20AM via free access
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) 468 Dorthe Kristensen Balshøj - 9788771982619 Downloaded fra Jurabibliotek.dk03/14/2022 07:05:20AM via free access
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 469 Dorthe Kristensen Balshøj - 9788771982619 Downloaded fra Jurabibliotek.dk03/14/2022 07:05:20AM via free access
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 470 Dorthe Kristensen Balshøj - 9788771982619 Downloaded fra Jurabibliotek.dk03/14/2022 07:05:20AM via free access
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 471 Dorthe Kristensen Balshøj - 9788771982619 Downloaded fra Jurabibliotek.dk03/14/2022 07:05:20AM via free access
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 472 Dorthe Kristensen Balshøj - 9788771982619 Downloaded fra Jurabibliotek.dk03/14/2022 07:05:20AM via free access
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 473 Dorthe Kristensen Balshøj - 9788771982619 Downloaded fra Jurabibliotek.dk03/14/2022 07:05:20AM via free access
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