Judgment of the Court of First Instance of 11 July 2007 - Asklepios Kliniken GmbH v Commission of the European Communities
(State aid - Public hospitals - Compensation for operating losses and provision of guarantees - Complaint - Failure by the Commission to define its position - Action for failure to act - Locus standi - Admissibility - Reasonable time frame Regulation (EC) No 659/1999)
Language of the case: German
Parties
Applicant: Asklepios Kliniken GmbH (Königstein-Falkenstein, Germany) (represented by: K. Füßer, lawyer)
Defendant: Commission of the European Communities (represented by: V. Kreuschitz and M. Niejahr, Agents)
Interveners in support of the defendants: Federal Republic of Germany (represented: initially by C.-D. Quassowski and A. Tiemann, and subsequently by W.-D. Plessing and C. Schulze-Bahr, Agents); and United Kingdom of Great Britain and Northern Ireland (represented: initially by M. Bethell, and subsequently by C. Gibbs and E. O'Neill, Agents)
Re:
Application for a declaration under Article 232 EC that, by failing to take a decision under Article 4(2), (3) or (4) of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article [88] EC (OJ 1999 L 83, p. 1) on the complaint lodged by the applicant concerning the award of allegedly unlawful aid to publicly-owned hospitals in Germany, the Commission has failed to fulfil its obligations under Article 88 EC and Articles 10(1) and 13(1) of Regulation No 659/1999.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Asklepios Klinken GmbH to pay both its own costs and those incurred by the Commission;
Orders the Federal Republic of Germany and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.
____________1 - OJ C 201, 7.8.2004.