Judgment_paragraph 44 · Ivana Scattolon v Ministero dell’Istruzione, dell’Università e della Ricerca (C-108/10)

44Excluded in principle from classification as economic activity are activities which fall within the exercise of public powers (see, in particular, Case C-49/07 MOTOE [2008] ECR I-4863, paragraph 24 and case-law cited, and, concerning Directive 77/187, Case C-298/94 Henke [1996] ECR I-4989, paragraph 17). By contrast, services which, without falling within the exercise of public powers, are carried out in the public interest and without a profit motive and are in competition with those offered by operators pursuing a profit motive have been classified as economic activities (see, in that respect, Case C-41/90 Höfner and Elser [1991] ECR I-1979, paragraph 22; Aéroports de Paris v Commission, paragraph 82; Cassa di Risparmio di Firenze and Others, paragraphs 122 and 123).

Ivana Scattolon v Ministero dell’Istruzione, dell’Università e della Ricerca (C-108/10)

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