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2012-11 E.C.R. 1 (2012)

handle is hein.intyb/rrjucfis0153 and id is 1 raw text is: ZCVRLA Case T-137/10 Coordination bruxelloise d'institutions sociales et de sant6 (CBI) V European Commission (State aid - Public hospitals - Subsidies granted by the Belgian authorities to public hospitals belonging to the IRIS association - Decision at the end of the preliminary stage - Decision declaring the aid compatible with the internal market - Service of general economic interest - Definition of public service mission - Proportionality of compensation for public service) Summary - Judgment of the General Court (Fifth Chamber), 7 November 2012 1. Actions for annulment - Natural or legal persons - Measures of direct and individual concern to them - Commission decision finding State aid compatible with the common market without opening the formal investigation procedure - Action brought by the parties concerned within the meaning of Article 88(2) EC - Action designed to safeguard the procedural rights of the persons concerned - Admissibility - Pleas capable of being invoked (Arts 88(2) EC and 230, fourth para., EC) 2. State aid - Planned aid - Examination by the Commission - Preliminary review and main review - Compatibility of the aid with the common market - Difficulties of assessment - Commission's duty to initiate the main review procedure - Circumstances allowing the existence of such difficulties to be established - Insufficiency or incompleteness of the Commission's examination in the preliminary investigation procedure - judicial review - Limits (Art. 88(2) and (3) EC) 3. Competition - Undertakings entrusted with interest - Compensation for the costs generated compatibility of aid with the common market - dimension to be taken into account the operation of services of general economic by the public service mission - Assessment of the Criteria - Hospital sector - Lack of commercial (Art. 86(2) EC) 4. Competition - Undertakings entrusted with the operation of services of general economic interest - Compensation for the costs generated by the public service mission - Member States' discretion - Hospital sector - Freedom as to the organisation and provision of health service - Limits - Compliance with the principle of equal treatment where private operators participate in the public service (Arts 86(2) EC and 152(5) EC) ECLJ:EU:T:2012:5841 Reports of Cases 1

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