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In this context, it should be noted that neither the complainants nor the GC raised any doubts about the compatibility of the public financing of the basic hospital mission.
In order to justify the specific deficit financing in favour of the IRIS-H, the Belgian authorities argue that the basic hospital mission is only a minimum requirement for public hospitals.
Confidential treatment of the identity of the interested party submitting the comments may be requested in writing, stating the reasons for the request.
By letters of 7 September 2005 and 17 October 2005, the Commission received a complaint against the Belgian State as regards the alleged granting since 1995 of unlawful and incompatible aid to the five public hospitals belonging to the IRIS network of the Brussels Capital Region (the ‘IRIS-H’).
The Commission notes that the measures covered by this Decision, to the extent that they constitute State aid within the meaning of Article 107(1) TFEU have not been subject to notification under Article 108(3) TFEU.
In the light of the foregoing considerations, the Commission has decided to initiate the formal investigation procedure provided for in Article 108(2) TFEU in relation to the measures described above.
The GC annulled the Commission decision by its judgment of 7 November 2012, concluding that this decision had been adopted in violation of the procedural rights of the complainants and in particular, that the Commission should have had serious doubts concerning the compatibility of the measures at hand with the internal market.