Case T-345/00: Action brought on 13 November 2000 by Pharmacia & Upjohn S.A. against the Commission of the European Communities
Date: 2001-02-10
Institutions: Court of First Instance
Subjects: European Commission, action for failure to act, animal health, hormone, pharmaceutical industry, pharmaceutical legislation

C 45/20

EN

Official Journal of the European Communities

10.2.2001

Action brought on 13 November 2000 by Pharmacia &
Upjohn S.A. against the Commission of the European
Communities

Pleas in law and main arguments

The pleas in law and main arguments are those put forward in
Case T-344/00 (1) CECA v Commission.

(Case T-345/00)

(2001/C 45/43)

(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 13 November 2000 by Pharmacia
& Upjohn S.A., represented by Denis Waelbroeck and Dirk
Brinckman, of Liedekerke Siméon Wessing Houthoff, Brussels.

The applicant claims that the Court should:

— declare pursuant to Article 232 EC that the Commission
has failed to comply with its obligations under Com-
munity law by failing to take the necessary measures for
the inclusion of progesterone in Annex II to Regulation
No 2377/90 following the issuing of the positive opinion
of the CVMP and in particular to draw up a draft
regulation including progesterone in Annex II and sub-
mitting it to the Standing Committee for approval;

— order the Community, as represented here by the Com-
mission, to repair the damage suffered by the applicant
as a result of the Commission’s unlawful failure to act
and to set the amount of this compensation for the
damage suffered so far at EURO 271,170, or any other
amount reflecting the damage suffered by the applicant
these
as further established by it
in the course of
future
proceedings, especially taking due account of
damage;

— in the alternative, order the parties to produce to the
Court within a reasonable period from the date of the
judgment figures as to the amount of the compensation
agreed between the parties or, in the absence of agree-
ment, order the parties to produce to the Court within
the same period their submissions with detailed figures in
support;

— order that interest at the annual rate of 8 %, or any other
appropriate rate to be determined by the Court, shall be
paid on the amount payable as from the date of the
Court’s judgment until actual payment of that amount;

(1) See p. 19 of this Official Journal.

Action brought on 14 November 2000 by A. Barth against
the Commission of the European Communities

(Case T-348/00)

(2001/C 45/44)

(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 14 November 2000 by A. Barth,
residing at Lenzkirch (Germany), represented by E.J.H. Moons,
of the Brussels Bar, with an address for service in Luxembourg
at the Chambers of C. Turk, 13a Avenue Guillaume.

The applicant claims that the Court should:

— declare the application admissible and well founded;

— rule that there exists no basis on which recovery may be
sought from the applicant pursuant to Article 85 of the
Staff Regulations of officials of the European Communi-
ties;

— rule that special circumstances have existed as regards the
applicant since 24 September 1998 and that he therefore
continues to be entitled to receive the household allow-
ance pursuant to Article 1(c) of Annex VII to the Staff
Regulations;

— consequently, order the European Commission to:

(1)

(2)

(3)

repay the sum of EUR 2 543,20 which has been
deducted, together with interest from the dates on
which the deductions were respectively made;

repay the sum of DEM 1 053,18 which has been
deducted, likewise with interest from the dates on
which the deductions were respectively made;

continue to pay the household allowance to the
applicant with effect from March 2000, together
with compensatory interest from the payment dates
which have passed since then;

— order the Commission to pay the costs of the present

proceedings.

— order the Commission to pay statutory interest on all the
sums in question and to pay the costs, including the
procedural costs.