Judgment of the Court of First Instance of 7 March 2002 in Case T-212/99: Intervet International BV v Commission of the European Communities (Regulation (EEC) No 2377/90 — Veterinary medicinal products — Application for the inclusion of "Altrenogest" in the list of substances for which a provisional maximum residue limit may be established — Opinion of the Committee for Veterinary Medicinal Products (CVMP) — Action for annulment — Inadmissibility — Action for failure to act — Adoption of a position putting an end to the inaction — No need to adjudicate)
Date: 2002-06-29
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), pharmaceutical industry, pigmeat, veterinary drug, waste

29.6.2002

EN

Official Journal of the European Communities

C 156/17

(Third Chamber, Extended Composition), composed of J. Azizi,
President of the Chamber, K. Lenaerts, V. Tiili, R.M. Moura
Ramos and M. Jaeger, Judges; J. Plingers, Administrator, for the
Registrar, has given a judgment on 6 March 2002 in which it:

1. Declares that there is no need to adjudicate on the application;

2. Declares that there is no longer need to adjudicate on the claim

for a declaration that the Commission failed to act;

3. Orders the Commission to bear its own costs and to pay one

half of the applicant’s costs.

2. Orders the applicant to pay the costs.

(1) OJ C 352 of 4.12.1999.

(1) OJ C 281 of 2.10.1999.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 28 February 2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 7 March 2002

in Case T-212/99: Intervet International BV v Commission
of the European Communities (1)

(Regulation (EEC) No 2377/90 — Veterinary medicinal
products — Application for the inclusion of ‘Altrenogest’ in
the list of substances for which a provisional maximum
residue limit may be established — Opinion of the Committee
for Veterinary Medicinal Products (CVMP) — Action for
annulment — Inadmissibility — Action for failure to act —
Adoption of a position putting an end to the inaction — No
need to adjudicate)

(2002/C 156/31)

(Language of the case: English)

In Case T-212/99, Intervet International BV, formerly Hoechst
Roussel Vet GmbH, established in Boxmeer (Netherlands),
represented by D. Waelbroek and D. Brinckman, lawyers, with
an address for service in Luxembourg, v Commission of the
European Communities (Agents: T. Christoforou, H. Stolvlbaek
and F. Ruggeri-Laderchi): Application for the annulment of an
alleged Commission decision rejecting an application by the
applicant for the insertion of the substance ‘altrenogest’ in
Annex III
to Council Regulation (EEC) No 2377/90 of
26 June 1990 laying down a Community procedure for
the establishment of maximum residue limits of veterinary
medicinal products in foodstuffs of animal origin (OJ 1990
L 224, p. 1) and, in the alternative, for a declaration that the
Commission unlawfully failed to prepare a draft of measures
to be taken with a view to such insertion and to initiate the
procedure laid down in Article 8 of that regulation. The Court
of First Instance (Second Chamber), composed of: R.M. Moura
Ramos, President, J. Pirrung and A.W.H. Meij, Judges; H. Jung,
Registrar, has given a judgment on 7 March 2002, in which it:

1. Dismisses the claim for annulment as inadmissible;

in Joined Cases T-227/99 and T-134/00: Kvaerner Warnow
Werft GmbH v Commission of the European Communi-
ties (1)

(State aids — Shipbuilding — Former German Democratic
Republic — Limits on capacity — Composition of the
Commission — Commission Member given leave of absence
— Election of Commission Members to the European Parlia-
ment)

(2002/C 156/32)

(Language of the case: German)

In Joined Cases T-227/99 and T-134/00: Kvaerner Warnow
Werft GmbH, established in Rostock-Warnemünde (Germany),
represented by M. Schütte, lawyer, with an address for service
in Luxembourg, v Commission of the European Communities
(Agent: K.-D. Borchardt) — application for annulment of
Commission Decision 1999/675/EC of 8 July 1999, as
amended, and of Commission Decision 2000/336/EC of
15 February 2000 on State aid granted by the Federal Republic
of Germany to Kvaerner Warnow Werft GmbH (OJ 1999
L 274, p. 23 and OJ 2000 L 120, p. 12, respectively) — the
Court of First Instance (Fourth Chamber, Extended Compo-
sition), composed of: P. Mengozzi, President, R. Garcı´a-
Valdecasas, V. Tiili, R.M. Moura Ramos and J.D. Cooke, Judges;
D. Christensen, Administrator, for the Registrar, has given a
judgment on 28 February 2002, in which it:

1. Annuls Commission Decision 1999/675/EC of 8 July 1999
on the State aid implemented by Germany in favour of Kvaerner
Warnow Werft GmbH, as amended by Commission Decision
2000/416/EC of 29 March 2000 on State aid implemented
by Germany in favour of Kvaerner Warnow Werft GmbH
(1999) and Commission Decision 2000/336/EC of 15 Febru-
ary 2000 on State aid implemented by Germany in favour of
Kvaerner Warnow Werft GmbH;