- The European Union's Court of Justice has been granted authority by its own court to handle and adjudicate disputes involving breaches of EU law.
In the discussion about joining forces between academic medical centers in Mannheim and Heidelberg, the medical centers have decided to challenge a ruling by the German Competition Authority. The Competition Authority had blocked the merger.
Representatives from the Baden-Württemberg Ministry of Science have reported that the medical centers and their legal team will lodge an appeal with the Higher Regional Court in Düsseldorf. Due to the Competition Authority being situated in North Rhine-Westphalia, Düsseldorf's court has jurisdiction over the case.
The petition must be submitted by August 26th. A written justification can be submitted within a month. "The justification provided in this submission will be based on a thorough examination of the 230-page decision prohibiting the merger," the spokesperson clarified. This analysis by the medical centers and their advisors is still underway.
The University Hospital in Mannheim is currently recording substantial financial losses.
The Baden-Württemberg state owns the University Hospital in Heidelberg, while Mannheim city holds the local medical center. Both parties are seeking to establish a hospital network to sustain the financially struggling Mannheim site. They also envision benefits, such as improvement in research and healthcare provision in the area.
Following a thorough examination period, the Competition Authority announced at the end of July that the projected disadvantages of such a network, primarily for patients, were more significant than the potential benefits. It was reported that the competitive pressure between hospitals would decrease and even vanish in specific specialties.
Backup Plan
In the event that a so-called ministerial permit from the Federal Ministry of Economics doesn't materialize, appealing the Competition Authority's ruling remains an option.
The Commission, which is likely a regulatory body, will be aided in this matter by the Member States. This collaboration could provide valuable insights and support during the appeal process.
Given the complexity of the case and the importance of the merger, the Commission may find it necessary to seek guidance from the Member States to bolster its argument in the Higher Regional Court.
