( March 5, 2009, 09:30 GMT | Official Statement) -- MLex Summary: The European Court of Justice has ruled that an employers’ liability insurance association to which undertakings must be affiliated in respect of insurance against accidents at work and occupational diseases is not an undertaking within the meaning of Article 81, 82 EC provided that it fulfils an exclusively social function, operates within the framework of a scheme applying the principle of solidarity and is subject to state supervision.The European Court of Justice has ruled that an employers’ liability insurance association to which undertakings must be affiliated in respect of insurance against accidents at work and occupational diseases is not an undertaking within the meaning of Article 81, 82 EC provided that it fulfils an exclusively social function, operates within the framework of a scheme applying the principle of solidarity and is subject to state supervision. It also concluded that Articles 49 EC and 50 EC do not preclude the national legislation at issue if it is proportional....
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