Asklepios Kliniken v Commission [2007] EUECJ T-167/04

Court of First Instance judgment (about 15 pages) rejecting a request by a private hospital company for the European Commission to investigate alleged incompatible State aid to public hospitals in Germany.

The Court ruled that the request was admissible. The complainant had a sufficient interest in the matter to be entitled to be heard, and that this right extended to challenging the Commission's failure to make a decision.

But the request was denied on the grounds that the Commission was entitled to spend 12 months investigating the complaint, especially as it reasonably waited for the outcome of the Altmark case. Thus there was no undue delay as of January 2004, when the complaint about failure to act was first raised.

The Commission's argument that its 2005 decision on State aid to public services (in general) had disposed of the case is rejected by the court. But the judgment does not say whether the Commission will now investigate the specific matter raised by the complainant.

For further information or advice please contact Franck Latrémolière.

Filed under ECJ/CFI, State aid.

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