The Court of Justice, on 11th July, upheld the decision handed down by the Court of First Instance of the European Communities (CFIEC), on 4th March 2003, according to which public entities managing the Spanish national health system (SNS) are not in a position to abuse a dominant position in the Spanish market for medical equipment. (Ref. 06726)
The case was brought before the Commission in 1997 by the Federacion Espanola de Empresas de tecnologica Sanitaria (Fenin), an association which covers the majority of companies which sell medical equipment to the SNS. Fenin, criticised SNS management entities, to which they sell the equipment, for the late payment of invoices, whilst debts to other service providers were settled immediately. This difference is explained according to Fenin by the fact that the management entities, including thr
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