# C_2005217EN.01000602.xml

| 3.9.2005 | EN | Official Journal of the European Union | C 217/6 |
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3.9.2005

EN

Official Journal of the European Union

C 217/6

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Grand Chamber)

of 12 July 2005

in Case C-198/03 P: Commission of the European Communities v CEVA Santé Animale SA, Pfizer Enterprises Sàrl, International Federation for Animal Health (IFAH) (1)

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(Appeal - Regulation (EEC) No 2377/90 - Veterinary medicinal products - Establishment of a maximum residue level for progesterone - Conditions governing the non-contractual liability of the Community)

(2005/C 217/12)

Language of the case: English

In Case C-198/03 P — Appeal under Artricle 56 of the Statute of the Court of Justice, brought on 12 May 2003 by Commission of the European Communities (Agents: T. Christoforou and M. Shotter), the other parties to the proceedings being: CEVA Santé Animale SA, having its registered office in Libourne (France), (Lawyers: D. Waelbroeck, N. Rampal, and U. Zinsmeister), Pfizer Enterprises Sàrl, formerly Pharmacia Enterprises SA and, prior to that, Pharmacia & Upjohn SA, having its registered office in Luxembourg (Luxembourg) (Lawyers: D. Waelbroeck, N. Rampa and U. Zinsmeister), supported by International Federation for Animal Health (IFAH), formerly Fédération européenne de la santé animale (Fedesa), established in Brussels (Belgium), (Lawyer: A. Vandencasteele) — the Court (Grand Chamber), composed of V. Skouris, President of the Chamber, P. Jann (Rapporteur), C.W.A. Timmermans and A. Borg Barthet, Presidents of Chambers, J. P. Puissochet, R. Schintgen, N. Colneric, S. von Bahr, J.N. Cunha Rodrigues, M. Ilešič, J. Malenovský, U. Lõhmus and E. Levits, Judges; F.G. Jacobs, Advocate General; L. Hewlett, Principal Administrator, for the Registrar, gave a judgment on 12 July 2005, in which it:

Commission of the European Communities

CEVA Santé Animale SA

Pfizer Enterprises Sàrl

International Federation for Animal Health (IFAH)

| 1. | Sets aside the judgment of the Court of First Instance of the European Communities of 26 February 2003 in Joined Cases T-344/00 and T-345/00 CEVA and Pharmacia Enterprises v Commission in so far as it established that there had been inaction on the part of the Commission of the European Communities between 1 January 2000 and 25 July 2001 of such a kind as to give rise to liability on the part of the Community; |
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1.

Sets aside the judgment of the Court of First Instance of the European Communities of 26 February 2003 in Joined Cases T-344/00 and T-345/00 CEVA and Pharmacia Enterprises v Commission in so far as it established that there had been inaction on the part of the Commission of the European Communities between 1 January 2000 and 25 July 2001 of such a kind as to give rise to liability on the part of the Community;

| 2. | Dismisses the actions; |
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2.

Dismisses the actions;

| 3. | Orders CEVA Santé Animale SA and Pfizer Enterprises Sàrl to pay the costs of both the proceedings before the Court of First Instance of the European Communities and the present proceedings; |
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3.

Orders CEVA Santé Animale SA and Pfizer Enterprises Sàrl to pay the costs of both the proceedings before the Court of First Instance of the European Communities and the present proceedings;

| 4. | Orders the International Federation for Animal Health to bear its own costs in both the proceedings before the Court of First Instance and the present proceedings. |
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4.

Orders the International Federation for Animal Health to bear its own costs in both the proceedings before the Court of First Instance and the present proceedings.

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(1)  OJ C 213 of 06.09.2003.

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