Opinion of the Advocate General — ECLI:EU:C:2005:666
Date: 2005-11-10
Language of the case: Spanish
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition;Agreements, decisions and concerted practices;Dominant position
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Spain

Summary of the Judgment Competition – Community rules – Undertaking – Definition (Arts 81 EC and 82 EC) In Community competition law, the definition of an ‘undertaking’ covers any entity engaged in an economic activity, regardless of its legal status and the way in which it is financed. In that connection, it is the activity consisting in offering goods and services on a given market that is the characteristic feature of an economic activity so that there is no need to dissociate the activity, of purchasing goods from the subsequent use to which they are put in order to determine the nature of that purchasing activity. (see paras 25-26)