Case T-326/00: Action brought on 23 October 2000 by Anthony Goldstein against the Commission of the European Communities
Date: 2001-01-06
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), competition law, physician, recognition of diplomas, right of establishment

6.1.2001

EN

Official Journal of the European Communities

C 4/7

Action brought on 23 October 2000 by Anthony Gold-
stein against the Commission of the European Communi-
ties

Action brought on 27 October 2000 by Rica Foods (Free
Zone) NV against the Commission of the European
Communities

(Case T-326/00)

(2001/C 4/10)

(Language of the case: English)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 23 October 2000 by Anthony
Goldstein, represented by Raymond St
John Murphy of
Merriman White Solicitors, London.

The applicant claims that the Court should:

— annul the decision of the Commission of 10 August 2000
rejecting the complaint made by the applicant pursuant
to Article 86 EC concerning the violation of Articles 81
and 82 EC by the General Medical Council;

— order the Commission to pay the costs.

Pleas in law and main arguments

By Application lodged in Case T-175/00 (1), the applicant in
the current case has challenged the inaction of the Commission
in relation to one complaint, focused on the alleged anti-
competitive practices on the part of the General Medical
Council (GMC), a statutory body which regulates the medical
profession in the territory of the United Kingdom.

By decision of 10 August 2000, the Commission formally
rejected the above mentioned complaint. The present Appli-
cation attacks this decision.

On support of
its conclusions, the applicant submits an
infringement of Article 86 (ex-Article 90) of the EC Treaty. It
is stated on this point that such a violation of the European
competition Law raises from, in the first place, by wrongly
failing to examine the validity of national legislation, and, in
the second place, by wrongly assessing the analytical data on
which basis can be concluded that the essential elements of a
situation in which Article 86 EC applies are in fact present.

(1) JO C 285 of 7.10.00, p. 11.

(Case T-332/00)

(2001/C 4/11)

(Language of the case: Dutch)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 27 October 2000 by Rica Foods
(Free Zone) NV, established in Oranjestad (Aruba), represented
by G. van der Wal, of the Brussels Bar, with an address for
service in Luxembourg at the Chambers of A. May, 398 Route
d’Esch.

The applicant claims that the Court should:

— annul Regulation (EC) No 2081/2000 (1);

— declare that the Community is liable for the loss and
damage suffered by the applicant as a result of the fact
that, since 1 October 2000,
imports of the products
referred to in Regulation No 2081/2000 have been
prevented or restricted on account of that regulation, and
order that the parties are to seek to reach agreement
concerning the extent of the loss and damage suffered by
the applicant and that, in the absence of agreement in
that regard, the proceedings are to be resumed within a
time-limit to be fixed by the Court in order for the extent
of the loss and damage to be determined; or, at any rate,
order the Community to pay the damages provisionally
estimated and yet to be assessed, alternatively order the
Community to pay such amount of damages as the Court
shall deem fair and equitable, together with interest at the
annual rate of 8 % from the date of the application to the
date of payment in full;

— order the Commission to pay the costs.

Pleas in law and principal arguments

The pleas in law and main arguments put forward by the
applicant are similar to those in Case T-94/00.

(1) Commission Regulation (EC) No 2081/2000 of 29 September
2000 providing for the continued application of safeguard
measures for imports from the overseas countries and territories
of sugar sector products with EC/OCT cumulation of origin (OJ
L 246 of 30 September 2000, p. 64).