Order of the President of the Court of First Instance of 19 October 2000 in Case T-141/00 R: Laboratoires Pharmaceutiques Trenker SA v Commission of the European Communities (Procedure for interim relief — Withdrawal of marketing authorisations for medicinal products for human use which contain the substance "amfepramone" — Directive 75/319/EEC — Urgency — Balancing of interests)
Date: 2001-03-24
Institutions: Court of First Instance
Subjects: Belgium, European Commission, action for annulment (EU), marketing, pharmaceutical industry, withdrawal from the market

24.3.2001

EN

Official Journal of the European Communities

C 95/13

ORDER OF THE COURT OF FIRST INSTANCE

of 17 November 2000

in Case T-200/99: Alberto Martinelli v Commission of the
European Communities (1)

(Officials — Absence of staff report — Action for damages
— Inadmissibility — Implicit rejection of a request not
disputed within the time-limits — Express confirmation of
that rejection — Damage)

(2001/C 95/24)

(Language of the case: Italian)

In Case T-200/99: Alberto Martinelli, a former official of the
Commission of the European Communities, residing in Munich
(Germany), represented by G. Marchesini, lawyer with a right
of audience before the Corte Suprema di Cassazione, with an
address for service in Luxembourg at
the Chambers of
E. Arendt, 8-10 Rue Mathias Hardt, v Commission of the
European Communities (Agents: G. Valsesia and A. Dal Ferro)
— application for compensation for the non-material damage
allegedly suffered by the applicant as a result of the absence of
staff reports for the reference periods 1993-1995 and 1995-
1997 — the Court of First Instance (First Chamber), composed
of: B. Vesterdorf, President, and M. Vilaras and N.J. Forwood,
Judges; H. Jung, Registrar, made an order on 17 November
2000, the operative part of which is as follows:

1.

2.

The action is dismissed;

The parties are to bear their own costs.

(1) OJ C 333 of 20.11.1999.

ORDER OF THE COURT OF FIRST INSTANCE

of 24 October 2000

in Case T-27/00: Staff Committee of the European Central
Bank and Others v European Central Bank (ECB) (1)

(Members of staff of the European Central Bank — Adminis-
trative circular — Time-limit for bringing an action —
Inadmissibility)

(2001/C 95/25)

(Language of the case: English)

In Case T-27/00: Staff Committee of the European Central
Bank, established in Frankfurt am Main, Germany, Johannes
Priesemann, member of staff of the ECB, residing in Frankfurt,
Germany, Marc van de Velde, member of staff of the ECB,
residing in Usingen-Kransberg, Germany, Maria Concetta

Cerafogli, member of staff of the ECB, residing in Frankfurt am
Main, Germany, represented by N. Pflüger, R. Steiner and
S. Mittländer, Rechtsanwälte, Frankfurt am Main, with an
address for service in Luxembourg at the office of A. Schiltz,
Association Luxembourgeoise des Employés de Banque et
d’Assurance, 29 Avenue Monterey, against European Central
Bank (ECB) (Agents: C. Zilioli and J.M. Ferna´ndez-Martin) —
application for annulment, pursuant to Article 236 EC and
Article 36 of the Protocol on the Statute of the European
System of Central Banks and of the European Central Bank, of
Administrative Circular No 11/98 of 12 November 1998
concerning ECB Internet usage policy — the Court of First
Instance (Fourth Chamber), composed of: P. Mengozzi, Presi-
dent, V. Tiili and R.M. Moura Ramos, Judges; H. Jung, Registrar,
has made an order on 24 October 2000, the operative part of
which is as follows:

1.

2.

The application is dismissed as inadmissible.

The parties shall bear their own costs.

(1) OJ C 135 of 13.5.00.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 19 October 2000

in Case T-141/00 R: Laboratoires Pharmaceutiques Trenk-
er SA v Commission of the European Communities

(Procedure for interim relief — Withdrawal of marketing
authorisations for medicinal products for human use which
‘amfepramone’ — Directive
contain

substance

the

75/319/EEC — Urgency — Balancing of interests)

(2001/C 95/26)

(Language of the case: French)

In Case T-141/00 R: Laboratoires Pharmaceutiques Trenker
SA, established in Brussels (Belgium), represented by X. Leur-
quin and L. Defalque, of the Brussels Bar, with an address for
service in Luxembourg at
the Chambers of A. Schmitt,
7 Val Sainte-Croix, against Commission of the European
Communities (Agents: H. Støvlbæk and B. Wägenbaur) —
application for suspension of operation of the Commission
decision of 9 March 2000 relating to the withdrawal of
marketing authorisations for medicinal products for human
use which contain ‘amfepramone’ [Decision C(2000) 453] —
the President of the Court of First Instance has made an order
on 19 October 2000, the operature part of which is as follows:

C 95/14

EN

Official Journal of the European Communities

24.3.2001

1.

The operation of the decision of the Commission of 9 March
2000 relating to the withdrawal of marketing authorisations
for medicinal products for human use which contain amfepra-
mone [C(2000) 453] is suspended in relation to the applicant.

Action brought on 20 December 2000 by Franz-Martin
Wasmeier against the Commission of the European Com-
munities

2.

Costs are reserved.

(Case T-381/00)

(2001/C 95/28)

(Language of the case: German)

ORDER OF THE COURT OF FIRST INSTANCE

of 15 November 2000

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 20 December 2000 by Franz-
Martin Wasmeier, of Munich (Germany), represented by
Gerhard Maier, of Messrs Kalaitzis, Türck & Maier, Bernau am
Chiemsee (Germany).

in Case T-157/00: Nicole Robert v European Parliament (1)

The applicant claims that the Court should:

(Officials — Prior administrative complaint — Time-limits
— Action brought prior to rejection of the complaint —
Inadmissibility)

— annul the Commission’s decision of 7.9.2000 concerning
the applicant’s complaint and the Commission’s decision
of 24.9.1999 concerning his classification in grade A 7;

(2001/C 95/27)

— order the Commission to adopt a fresh decision concern-
ing the applicant’s classification in grade, accompanied
by a comprehensive statement of reasons;

(Language of the case: French)

— order the Commission to pay the costs.

In Case T-157/00: Nicole Robert, an official of the European
Parliament, residing at Strassen (Luxembourg), represented by
A. Lorang, of the Luxembourg Bar, with an address for service
in Luxembourg at the latter’s Chambers, 2 Rue des Dahlias,
v European Parliament (Agents: Y. Pantalis and D. Moore) —
application for annulment of the Parliament’s decision not to
promote the applicant to grade B 1 in the context of the 1999
promotions procedure, and of the decisions promoting other
officials in the course of the procedure for that year — the
Court of First Instance (Fifth Chamber), composed of: P. Lindh,
President, and R. Garcı´a-Valdecasas and J.D. Cooke, Judges;
H. Jung, Registrar, made an order on 15 November 2000, the
operative part of which is as follows:

1.

2.

The application is dismissed as inadmissible.

The parties are to bear their own costs.

(1) OJ C 247 of 26.8.2000.

Pleas in law and main arguments

Having sat an open competition, the applicant was appointed
an official of the Commission and classified in grade A 7, step
1. The applicant lodged a complaint against that decision,
seeking classification in grade A 6.

The action is directed against the Commission’s decision
rejecting that complaint. The applicant asserts inter alia that:

— the Commission’s decision is vitiated by errors in the

investigation of the facts and errors of judgment;

— the Commission wrongly failed to carry out a comprehen-
sive assessment of the applicant’s qualifications; and

— the principles of the protection of legitimate expectations

and of equal treatment have been violated.