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Case C-437/09: Reference for a preliminary ruling from the Tribunal de Grande Instance de Périgueux (France) lodged on 9 November 2009 — AG2R Prévoyance v Beaudout Père et Fils SARL
ECLI:EU:UNKNOWN:62009CN0437
62009CN0437
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Valentina R., lawyer
30.1.2010
Official Journal of the European Union
C 24/26
(Case C-437/09)
(2010/C 24/48)
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: AG2R Prévoyance
Defendant: Beaudout Père et Fils SARL
Question referred
Are a provision making affiliation to a supplementary healthcare scheme compulsory, as provided for under Article L 912-1 of the Social Security Code, and the addendum, made compulsory by the public authorities at the request of organisations representing employers and workers in a given sector, which provides for affiliation to a single body, designated to manage a supplementary healthcare scheme, without any possibility for undertakings in that sector to be granted a waiver of the affiliation obligation, in compliance with Articles 81 EC and 82 EC, or are they such as to place the designated body in a dominant position constituting an abuse?