Action brought on 1 August 2016 — VIMC v Commission
(Case T-431/16)
Language of the case: German
Parties
Applicant: VIMC — Vienna International Medical Clinic GmbH (Kulmbach, Germany) (represented by: R. Bramerdorfer, lawyer)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
annul the Commission’s Decision of 27 May 2016 (Case AT.40231 — VIMC/WK&FGB); and
order the defendant to pay the costs of the proceedings.
Pleas in law and main arguments
By the present action, the applicant seeks the annulment of Commission Decision C (2016) 3351 final of 27 May 2016, by which the applicant’s complaint was rejected on the basis of Article 13 of Regulation (EC) No 1/2003. 1
In support of the action, the applicant relies on a single plea in law, alleging an improper exercise of discretion.
In this connection, the applicant submits that the application or non-application of Article 13 of Regulation (EC) No 1/2003 is not within the Commission’s power of discretion. On the contrary, it argues, the Commission must take into account the particular circumstances of each case and cannot, on the basis of that provision and without further clarification, reject a matter already under examination by a national authority.
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1 Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ 2003 L 1, p. 1).