This document is an excerpt from the EUR-Lex website
Document 62016TJ0431
Judgment of the General Court (Second Chamber) of 26 October 2017.
VIMC - Vienna International Medical Clinic GmbH v European Commission.
Competition — Abuse of dominant position — Private healthcare market — Article 13(1) of Regulation (EC) No 1/2003 — Decision rejecting a complaint — Handing of the case by a Member State’s competition authority.
Case T-431/16.
Judgment of the General Court (Second Chamber) of 26 October 2017.
VIMC - Vienna International Medical Clinic GmbH v European Commission.
Competition — Abuse of dominant position — Private healthcare market — Article 13(1) of Regulation (EC) No 1/2003 — Decision rejecting a complaint — Handing of the case by a Member State’s competition authority.
Case T-431/16.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Second Chamber) of 26 October 2017 — VIMC v Commission
(Case T‑431/16)
(Competition — Abuse of dominant position — Private healthcare market — Article 13(1) of Regulation (EC) No 1/2003 — Decision rejecting a complaint — Handing of the case by a Member State’s competition authority)
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Actions for annulment—Pleas in law—Misuse of powers—Concept (Art. 263 TFEU) (see para. 17) |
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Competition—Division of jurisdiction between the Court of Justice and national competition authorities—Commission’s right to reject a complaint concerning a case being dealt with by a national competition authority—Conditions (Arts 101 TFEU and 102 TFEU; Council Regulation No 1/2003, Art. 13(1)) (see para. 21) |
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Competition—Division of jurisdiction between the Court of Justice and national competition authorities—Commission’s right to reject a complaint concerning a case being dealt with by a national competition authority—Concept of handing of a case—Scope (Arts 101 TFEU and 102 TFEU; Council Regulation No 1/2003, Art. 13(1); Commission Notice 2004/C 101/03, Section 20) (see para. 22) |
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Competition—Division of jurisdiction between the Court of Justice and national competition authorities—Commission’s right to reject a complaint concerning a case being dealt with by a national competition authority—Discretion of the Commission—Judicial review—Scope (Arts 101 TFEU and 102 TFEU; Council Regulation No 1/2003, 18th recital and Art. 13(1)) (see paras 23-25) |
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Competition—Division of jurisdiction between the Court of Justice and national competition authorities—Commission Notice on Cooperation within the Network of Competition Authorities—Undertakings entitled to have their cases dealt with by a given competition authority—None (Arts 101 TFEU and 102 TFEU; Council Regulation No 1/2003, 18th recital and Arts 4, 5 and 13(1)) (see paras 32, 33) |
Re:
APPLICATION made on the basis of Article 263 TFEU seeking the annulment of Commission Decision C (2016) 3351 final of 27 May 2016, rejecting the applicant’s complaint concerning a breach of Article 102 TFEU allegedly committed by the Wirtschaftskammer Österreich (WKO, Austrian Federal Economic Chamber) or the Fachverband der Gesundheitsbetriebe (professional association of undertakings in the healthcare sector, Austria) (Case AT.40231 — VIMC v WK&FGB).
Operative part
The Court:
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Dismisses the action; |
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Orders VIMC — Vienna International Medical Clinic GmbH to pay the costs. |