Charakter usług świadczonych przez podmioty sektorapozarządowego w Polsce na tle definicji usług ekonomicznychoraz nieekonomicznych w prawie wspólnotowym

Abstract

The article aims to define nature of services provided by organizations of the third (non-governmental) sector in Poland as compared to definitions of “economic services” and “non-economic servi ces” in the European Community law. The problem mainly arises in the context of application of Directive 2006/123/EC of the European Parliament and the Council of 12 December 2006 on services in the internal market. The analysis presented in the article regards case law of the European Court of Justice and includes, as key elements, the issues concerning three aspects of “non -economic services in general interest”: subjective, objective and financial one. The conclusion is that a definition of a non-economic services in general interest is rather unclear, although the reare tendencies in the EC case law to treat various forms of activities by non-governmental organizations as economic rather than non-economic services. However, response to the question how to distinguish between economic and non-economic services requires a separate case by case analysis.