Notice for the OJ
Action brought on 10 December 2003 by the Fédération de l'Hospitalisation Privée ('FHP') against the Commission of the European Communities.
(Case T-397/03)
Language of the case: French
An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 10 December 2003 by the Fédération de l'Hospitalisation Privée ('FHP'), established in Paris, represented by Silvestre Tandeau de Marsac, avocat.
The applicant claims that the Court should:
Declare that the Commission of the European Communities has failed to act with regard to the complaint filed under number A/40342-H3;
Declare that the Commission of the European Communities failed to fulfil its obligations under the Treaty establishing the European Community by failing to adopt a decision following the complaint lodged by the applicant on 8 December 2000;
Order the Commission of the European Communities to pay the costs incurred by the applicant, amounting to a minimum of EUR 25 000.
Pleas in law and main arguments:
The applicant states that it is acting on behalf of two organisations which on 8 December 2000 had lodged a complaint with the Commission concerning the methods of public-sector hospital financing by the French State and, more specifically, an integrated plan in two protocols signed on 13 and 14 March 2000, under which the French Minister for employment and solidarity undertook to procure additional funding for those hospitals. According to the applicant, the Commission has never stated its position on the statements made in that complaint.
In support of its action, the applicant alleges infringement of Articles 87 and 88 of the EC Treaty and of Council Regulation (EC) No 659/19991. It states that the period of 39 months which has passed since the complaint was lodged exceeds the reasonable time within which the Commission has to adopt a decision.
____________1 - Council Regulation (EC) No 659/999 of 22 March 999 laying down detailed rules for the application of Article 93 of the EC Treaty, OJ 999 L 83, p. .