Court of Justice 10 November 2005, C-205/03 P (Federación Española de Empresas de Tecnología Sanitaria (FENIN) v Commission of the European Communities.)

Opinion of the Advocate-General Opinion of the Advocate-General 1. In order for an entity to be subject to Community competition law, it must be classified as an undertaking. Although the EC Treaty makes frequent reference to the concept, it does not define it and it has instead been clarified in case-law, which gives it a functional content.