Judgment of the Court of First Instance of 3 July 2002 in Case T-179/00: A. Menarini — Industrie Farmaceutiche Riunite Srl v Commission of the European Communities (Council Directive 92/27/EEC — Labelling of a medicinal product — Centralised procedure for the authorisation of medicinal products — Inclusion of the local representative's logo in the blue box on the outer packaging of a medicinal product)
Date: 2002-08-24
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), labelling, patents licence, pharmaceutical industry, pharmaceutical product

24.8.2002

EN

Official Journal of the European Communities

C 202/21

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 May 2002

of 3 July 2002

in Case T-81/00: Associaça˜o Comercial de Aveiro
v Commission of the European Communities (1)

in Case T-179/00: A. Menarini — Industrie Farmaceutiche
Riunite Srl v Commission of the European Communi-
ties (1)

(Social policy — European Social Fund — Application for
annulment — Reduction of financial assistance — State-
ment of reasons — Manifest error of assessment)

(2002/C 202/29)

(Language of the case: Portuguese)

(Council Directive 92/27/EEC — Labelling of a medicinal
product — Centralised procedure for the authorisation of
medicinal products — Inclusion of the local representative’s
logo in the blue box on the outer packaging of a medicinal
product)

(2002/C 202/30)

(Language of the case: English)

In Case T-81/00, Associaça˜o Comercial de Aveiro, established
in Aveiro (Portugal), represented by J. Amaral e Almeida and
B. Diniz de Ayala, lawyers, with an address for service in
Luxembourg, v Commission of the European Communities
(Agents: H. Speyart and M. França): Application for annulment
of Commission Decision C(99) 3721 of 30 November 1999
reducing the European Social Fund assistance granted in the
framework of project No 891038/P 3 to Associaça˜o Comercial
Instance (Fifth Chamber),
de Aveiro,
composed of: J.D. Cooke, President, R. Garcı´a-Valdecasas and
P. Lindh, Judges; J. Plingers, Administrator, for the Registrar,
has given a judgment on 14 May 2002, in which it has ruled:

the Court of First

1. Annuls Commission Decision C(96) 3721 of 30 November
1999 reducing the European Social Fund assistance granted to
the Associaça˜o Comercial de Aveiro in the context of project
No 891038/P 3 in so far as it reduces the amount of the
services invoiced by SI — Sistemas de Informaça˜o Lda under
subheading 14.3.9, hire and rental charges;

2. Dismisses the remainder of the application;

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

third of those incurred by the applicant;

In Case T-179/00, A. Menarini — Industrie Farmaceutiche
Riunite Srl, established in Florence (Italy), represented by
D. Waelbroeck and D. Brinckman, lawyers, with an address
for service in Luxembourg, supported by European Federation
of Pharmaceutical Industries and Associations, established in
Brussels (Belgium), represented by D. Anderson QC, J. Strat-
ford, Barrister, I. Dodds-Smith and A. Wearing, Solicitors, with
an address for service in Luxembourg, v Commission of the
European Communities
and
H. Støvlbæk): Application for annulment of the Commission’s
decision of 17 April 2000 rejecting the request by the applicant
to include its logo in the blue box of the packaging of
OPTRUMA, a pharmaceutical product registered under the
centralised authorisation procedure, the Court of First Instance
(Fourth Chamber), composed of: M. Vilaras, President, V. Tiili
and P. Mengozzi, Judges; B. Pastor, Principal Administrator,
for the Registrar, has given a judgment on 3 July 2002, in
which it:

(Agents: R. Wainwright

1. Annuls the Commission Decision of 17 April 2000 rejecting
the applicant’s request to include its logo in the blue box of the
packaging of OPTRUMA, a pharmaceutical product registered
under the centralised authorisation procedure;

4. Orders the applicant to bear two thirds of its own costs.

2. Orders the defendant to bear its own costs and to pay those of

the applicant and of the intervener.

(1) OJ C 176 of 24.6.2000.

(1) OJ C 285 of 7.10.2000.