Casa Regina Apostolorum della Pia Società delle Figlie di San Paolo v Commission

The Commission takes note of the judgment of the Court of Justice of the European Union dismissing Casa Regina Apostolorum’s appeal against a 2021 judgment of the General Court. In its 2021 judgment, the General Court upheld a 2017 Commission State aid decision. In its decision, the Commission found that the activities of the Italian healthcare system (Servizio Sanitario Nazionale – SSN) are not economic in nature and therefore the measures complained of by Casa Regina did not entail State aid within the meaning of Article 107(1) TFEU.
In its judgment, the Court of Justice dismissed the appeal and thereby confirmed the Commission’s finding that the activities of the SSN are not economic in nature, since the SSN is based on the principle of solidarity and universal coverage and its services are offered to all citizens free of charge or subject to the payment of an amount that covers only a limited fraction of the costs. As a result, the SSN is not economic in nature and the activities performed within the context of the SSN do not entail State aid within the meaning of Article 107(1) TFEU.