Judgment of the Court of First Instance of 26 October 2000 in Case T-41/96: Bayer AG v Commission of the European Communities (Competition — Parallel imports — Article 85(1) of the EC Treaty (now Article 81(1) EC) — Meaning of "agreement between undertakings" — Proof of the existence of an agreement — Market in pharmaceutical products)
Date: 2001-03-24
Institutions: Court of First Instance
Subjects: Germany, action for annulment (EU), chemical product, export restriction, patent law, restrictive trade practice

C 95/8

EN

Official Journal of the European Communities

24.3.2001

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 26 October 2000

of 8 November 2000

in Case T-41/96: Bayer AG v Commission of the European
Communities (1)

(Competition — Parallel imports — Article 85(1) of the EC
Treaty (now Article 81(1) EC) — Meaning of ‘agreement
between undertakings’ — Proof of the existence of an
agreement — Market in pharmaceutical products)

in Case T-175/97: Bernard Beyt and Others v Commission
of the European Communities (1)

(Officials — Temporary agents — Remuneration — Posting
in a third country — Adjustment of weightings — Retro-
active effect — Recovery of overpayment)

(2001/C 95/13)

(Language of the case: German)

In Case T-41/96: Bayer AG,established in Leverkusen (Ger-
many), represented by J. Sedemund, Rechtsanwalt, Cologne,
with an address for service in Luxembourg at the Chambers of
A. May, 398 Route d’Esch, supported by European Federation
of Pharmaceutical Industries’ Associations, established in Gene-
va (Switzerland), represented initially by C. Walker, Solicitor,
and subsequently by T. Woodgate, Solicitor, with an address
the Chambers of A. May,
for service in Luxembourg at
398 Route d’Esch, against Commission of
the European
Communities (Agents: W. Wils and K. Wiedner) supported by
Bundesverband der Arzneimittel-Importeure eV, established in
by
Mülheim an
W.A. Rehmann and U. Zinsmeister, of the Brussels Bar, with
an address for service in Luxembourg at the Chambers of Bonn
and Schmitt, 62 Avenue Guillaume — application for the
annulment of Commission Decision 96/478/EC of 10 January
1996 relating to a proceeding under Article 85 of the EC
Treaty (Case IV/34.279/F3 — Adalat) (OJ 1996 L 201, p. 1)
— the Court of First
Instance (Fifth Chamber, Extended
Composition), composed of: J.D. Cooke, President, R. Garcı´a-
Valdecasas, P. Lindh, J. Pirrung and M. Vilaras, Judges; J. Palacio
Gonza´lez, Administrator, for the Registrar, has given a judg-
ment on 26 October 2000, in which it:

represented

(Germany),

der Ruhr

1. Annuls Commission Decision 96/478/EC of 10 January
1996 relating to a proceeding under Article 85 of the EC
Treaty (Case IV/34.279/F3 — Adalat);

2. Orders the Commission to bear its own costs and to pay the
costs incurred by the applicant, including those incurred by the
latter in the proceedings for interim relief;

3. Orders the European Federation of Pharmaceutical Industries’
Associations and the Bundesverband der Arzneimittel-Impor-
teure eV to bear their own costs.

(1) OJ C 145 of 18.5.96.

(2001/C 95/14)

(Language of the case: French)

In Case T-175/97: Bernard Bareyt,
Ivone Benfatto, Denis
Bessette, Pier Luigi Bruzzone, Giuliano Dalle Carbonare, Enrico
Di Pietro, Barry John Green, Remmelt Haange, Ronald Hems-
worth, Michel Huguet, Marcus Iseli, Neil Mitchell, Pier Luigi
Mondino, Alfredo Portone, Carlo Sborchia, Alessandro Tesini,
Mike Michael Wykes, temporary agents of the Commission of
the European Communities, all residing in Naka (Japan), and
Michel Dupon, temporary agent of the Commission of the
European Communities, residing in Tokyo (Japan), represented
by Nicolas Lhoëst, of the Brussels Bar, with an address for
service in Luxembourg at Fiduciaire Becker and Cahen, 3 Rue
des Foyers, against the Commission of the European Com-
munities (Agents: G. Valsesia and F. Clotuche-Duvieusart),
supported by Council of
the European Union (Agents:
P.M. Cossu and T. Blanchet) — application for annulment of
all the salary slips of the applicants from May 1996 and for an
order requiring the Commission to repay to the applicants the
amounts withheld from their salary with effect from June
1996 by way of recovery of amounts overpaid and to pay
them the amounts by which their salaries had been reduced as
from May 1996 - the Court of First Instance (Second Chamber),
composed of J. Pirrung, President, J. Azizi and A. Potocki,
Judges; G. Herzig, administrator, for the Registrar, gave a
judgment on 8 November 2000, in which it:

1.

2.

dismisses the application;

orders each of the parties to bear their own costs.

(1) OJ No C 358 of 21.11.98.