Source: European Parliament
The Commission notes that, in general, it is primarily the responsibility of the Member State to assess whether a measure constitutes state aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union (TFEU) and, if it reaches the conclusion that the measure constitutes aid, to notify the measure to the Commission.
Regarding the health sector in particular, Article 168(7) TFEU states that Union action shall respect the responsibilities of the Member States for the definition of their health policy and for the organisation and delivery of health services and medical care. The responsibilities of the Member States include the management of health services and medical care and the allocation of the resources assigned to them.
According to the recent case-law of the European Court of Justice[1] and the Commission’s decisional practice[2], activities in the health sector may in certain cases be qualified as being of a non-economic nature and, in such circumstances compensation for these activities would not constitute state aid. Each case, however, must be analysed on its merits.