Joined Cases C-182/03 and C-217/03: Judgment of the Court (Second Chamber) of 22 June 2006 — Kingdom of Belgium v Commission of the European Communities (State aid — Existing aid regime — Tax regime for coordination centres established in Belgium — Application by an association — Admissibility — Commission Decision that the regime does not constitute aid — Change in the Commission's appraisal — Article 87(1) EC — Protection of legitimate expectations — General principle of equal treatment)
Date: 2006-09-02
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for annulment (EU), control of State aid, equal treatment, infringement of EU law, legal status, tax system, type of business

2.9.2006

EN

Official Journal of the European Union

C 212/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

Judgment of the Court (Second Chamber) of 22 June 2006
— Kingdom of Belgium v Commission of the European
Communities

which the contested decision was notified or with an authorisation
which expired at the same time as or shortly after the notification
of the decision;

(Joined Cases C-182/03 (1) and C-217/03) (2)

2. Rejects the application of Forum 187 ASBL as to the remainder;

(State aid — Existing aid regime — Tax regime for coordina-
tion centres established in Belgium — Application by an
association — Admissibility — Commission Decision that
the regime does not constitute aid — Change in the Commis-
sion's appraisal — Article 87(1) EC — Protection of legiti-
mate expectations — General principle of equal treatment)

3. Orders the Commission of the European Communities to pay the
costs in Case C-182/03 and half of the costs of Forum 187
ASBL in Case C-217/03;

4. Orders the Commission of the European Communities to pay the

costs in Cases C-182/03 R and C-217/03 R.

(2006/C 212/01)

Language of the case: French

(1) OJ C 135 of 7.06.2003.
(2) (T-276/02 – OJ C 289 of 23.11.2002).

Parties

Applicant: Kingdom of Belgium (represented by: initially by A.
Snoecx, and subsequently by E. Dominkovits, Agents, assisted
by B. van de Walle de Ghelcke,
J. Wouters and P. Kelley,
avocats) (Case C-182/03)

Forum 187 ASBL:
Barristers) (Case C-217/03)

(represented by: A. Sutton and J. Killick,

Defendant: Commission of the European Communities (repre-
sented by: G. Rozet, R. Lyal, and V. Di Bucci, Agents)

Re:

Action for annulment of the decision of the Commission of the
European Communities C(2003) final of 17 February 2003
concerning the aid scheme implemented by the Kingdom of
Belgium in favour of coordination centres established in
Belgium inasmuch as it does not authorise the renewal of
current authorisations of centres

Judgment of the Court (Grand Chamber) of 11 July 2006
— Federación Española de Empresa de Tecnología Sani-
taria (FENIN), formerly Federación Nacional de Empresa
de Instrumentación Científica, Médica, Técnica y Dental v
Commission of the European Communities

(Case C-205/03 P) (1)

(Appeal — Competition — Management bodies of
the
Spanish national health system — Medical treatment —
Definition of ‘undertaking’ — Payment conditions imposed
on suppliers of medical goods and equipment)

(2006/C 212/02)

Language of the case: Spanish

Operative part of the judgment

The Court:

Parties

1. Annuls Commission Decision 2003/757/EC of 17 February
2003 on the aid scheme implemented by Belgium for coordination
centres established in Belgium in so far as it does not lay down
transitional measures for those coordination centres with an appli-
cation for renewal of their authorisation pending on the date on

Appellant: Federación Española de Empresa de Tecnología Sani-
formerly Federación Nacional de Empresa de
taria (FENIN),
Instrumentación Científica, Médica, Técnica y Dental
(repre-
sented by: J.-R. García-Gallardo Gil-Fournier and D. Domínguez
Pérez, abogados)