A healthy approach to services of general economic interest? The BUPA judgment of the Court of First Instance

Discusses the Court of First Instance ruling in British United Provident Association Ltd (BUPA) v Commission of the European Communities (T289/03) on whether a risk equalisation scheme, introduced in Ireland to facilitate the opening up of the private medical insurance market, contravened either EC Treaty art.86(2) or state aid rules. Assesses the implications of the ruling for services of general economic interest (SGEIs), looking at legislative competence, the minimum criteria for SGEIs, proportionality and the application of the Altmark criteria.