ABSTRACT
This chapter focuses on non-economic activities excluded from the application of market rules, aims to ascertain whether the concept of the 'social market economy' creates a tangible effect in terms of the criteria traditionally utilized to establish the economic or non-economic nature of a given social service. It analyses the criteria the Court of Justice of the EU (CJEU) has utilized in order to define the economic or non-economic relevance of a given social service. The chapter also focuses on the 'solidarity principle' typical of several welfare states in light of the 'social market economy' concept and on the role that such a principle plays in order to qualify a given activity as non-economic. It highlights the lack of relevance given to the 'profit' or 'non-profit' making status of the service providers in order to single out the specific scope of application of EU law.
