CASE COMMENTS : STATE AID – SGEI – FINANCING OF PUBLIC HOSPITALS – HEALTHCARE - INITIATION OF THE FORMAL INVESTIGATION PROCEDURE

SGEI: The General Court annuls a positive Commission decision judging that it should have initiated the formal investigation procedure in view of the serious difficulties in the assessment of the financing scheme of public hospitals in Brussels (CBI)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. Trib. UE, 7 November 2012, Coordination bruxelloise d'institutions sociales et de santé (CBI) v Commission, aff.T-137/10 The Brussels public hospital affair was already destined to become a real textbook case. After the upheavals due to questions of admissibility following the withdrawal of a first Commission decision (see Cases T-128/08 and T-241/08), the final contested decision and the commented judgment raise the question of the application of the state aid rules to a sector long considered to be "preserved" because of its value for the general interest: hospital services. The judgment delivered by the Court of First Instance endorses the

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Authors

  • Sheppard, Mullin, Richter & Hampton (Brussels)
  • European Court of Justice (Luxembourg)

Quotation

Jacques Derenne, Cédric Kaczmarek, SGEI: The General Court annuls a positive Commission decision judging that it should have initiated the formal investigation procedure in view of the serious difficulties in the assessment of the financing scheme of public hospitals in Brussels (CBI), 7 November 2012, Concurrences N° 1-2013, Art. N° 50680, pp. 159-162

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