Judgment of the Court of First Instance of 22 October 2002 in Joined Cases T-178/00 and T-341/00, Jan Pflugradt v European Central Bank (Staff of the European Central Bank — Amendment of employment contract — Performance appraisal)
Date: 2003-01-25
Institutions: Court of First Instance
Subjects: European Central Bank, appeal to an administrative authority, contract terms, labour law, protective clause, servant (EU), work contract

25.1.2003

EN

Official Journal of the European Communities

C 19/29

1. Dismisses the applications;

2. Orders the applicants to pay their own costs together with those

of the Commission.

( 1) OJ C 79 of 18.3.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 26 November 2002

in Joined Cases T-74/00, T-76/00, T-83/00 to T-85/00,
T-132/00, T-137/00 and T-141/00: Artegodan GmbH and
Others v Commission of the European Communities (1)

(Medicinal products for human use — Community arbi-
tration procedures — Withdrawal of marketing authoris-
ations — Competence — Criteria for withdrawal — Anorect-
ics: amfepramone, clobenzorex, fenproporex, norpseudoephe-
drine, phentermine — Directives 65/65/EEC and 75/319/
EEC)

(2003/C 19/53)

applicant in Case T-132/00, Cambridge Healthcare Supplies
Ltd, established in Norfolk (United Kingdom), represented by
D. Vaughan, K. Bacon, barristers, and S. Davis, solicitor, with
an address for service in Luxembourg, applicant in Case T-137/
00, Laboratoires pharmaceutiques Trenker SA, established in
Brussels, represented by L. Defalque and X. Leurquin, lawyers,
with an address for service in Luxembourg, applicant in Case
the European Communities
T-141/00, v Commission of
(Agents: H. Støvlbæk, R. Wainwright and B. Wägenbaur):
Application for annulment of the Commission decisions of
9 March 2000 concerning the withdrawal of marketing
authorisations of medicinal products for human use containing
respectively ‘amfepramone’ (C(2000) 453), as regards Cases
T-74/00, T-76/00 and T-141/00, inter alia‘norpseudoephedri-
ne’, ‘clobenzorex’ and ‘fenproporex’ (C(2000) 608), as regards
Cases T-83/00 to T-85/00, and ‘phentermine’ (C(2000) 452),
as regards Cases T-132/00 and T-137/00, the Court of First
Instance (Second Chamber, Extended Composition), composed
of: R.M. Moura Ramos, President, V. Tiili, J. Pirrung, P. Men-
gozzi and A.W.H. Meij, Judges; D. Christensen, Administrator,
for the Registrar, has given a judgment on 26 November 2002,
in which it:

1. Annuls the Commission Decisions of 9 March 2000 (C(2000)
452, C(2000) 453 and C(2000) 608) in so far as they relate
to the medicinal products marketed by the applicants;

2. Orders the Commission to pay all the costs, including those

incurred in the interlocutory proceedings.

(Language of the case: German, English and French)

(1) OJ C 149 of 27.5.2000, C 163 of 10.6.2000, C 192 of 8.7.2000

and C 233 of 12.8.2000.

In Joined Cases T-74/00, T-76/00, T-83/00 to T-85/00, T-132/
00, T-137/00 and T- 141/00, Artegodan GmbH, established
in Lüchow (Germany), represented by U. Doepner,
lawyer,
with an address for service in Luxembourg, applicant in Case
T-74/00, Bruno Farmaceutici SpA, established in Rome (Italy),
Essential Nutrition Ltd,
established in Brough (United
Kingdom), Hoechst Marion Roussel Ltd, established in Denham
(United Kingdom), Hoechst Marion Roussel SA, established in
Brussels (Belgium), Marion Merell SA, established in Puteaux
(France), Marion Merell SA, established in Barcelona (Spain),
Sanova Pharma GmbH, established in Vienna (Austria),
Temmler Pharma GmbH & Co. KG, established in Marburg
(Germany), represented by B. Sträter and M. Ambrosius,
lawyers, with an address for service in Luxembourg, applicants
in Case T-76/00, Schuck GmbH, established in Schwaig
(Germany), represented by B. Sträter and M. Ambrosius,
lawyers, with an address for service in Luxembourg, applicant
in Case T-83/00, Laboratórios Roussel Lda, established in Mem
Martins (Portugal), represented by B. Sträter and M. Ambrosius,
lawyers, with an address for service in Luxembourg, applicant
in Cases T-84/00 and T-85/00, Laboratoires Roussel Diamant
SARL, established in Puteaux (France), represented by B. Sträter
and M. Ambrosius, lawyers, with an address for service in
Luxembourg, applicant in Case T-84/00, Roussel Iberica SA,
established in Barcelona (Spain), represented by B. Sträter
and M. Ambrosius, lawyers, with an address for service in
Luxembourg, applicant in Case T-85/00, Gerot Pharmazeutika
GmbH, established in Vienna (Austria), represented by K. Grig-
lawyer, with an address for service in Luxembourg,
kar,

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 22 October 2002

in Joined Cases T-178/00 and T-341/00, Jan Pflugradt v
European Central Bank (1)

(Staff of the European Central Bank — Amendment of
employment contract — Performance appraisal)

(2003/C 19/54)

(Language of the case: German)

In Joined Cases T-178/00 and T-341/00, Jan Pflugradt, residing
in Frankfurt am Main (Germany), represented in Case T-178/
00 by N. Pflüger, lawyer, and in Case T-341/00 by N. Pflüger,
R. Steiner and S. Mittländer, lawyers, with an address for
service in Luxembourg, v European Central Bank (Agents: in

C 19/30

EN

Official Journal of the European Communities

25.1.2003

Case T-178/00, J. Fernández Martín, V. Saintot and B. Wägen-
baur, and, in Case T-341/00, V. Saintot, T. Gulliams and
Wägenbaur): Application for annulment of the applicant’s
performance appraisal report for 1999, in Case T-178/00, and
for annulment of the note of 28 June 2000 from the Director-
General of the Directorate-General for Information Systems
(DG IS) of the European Central Bank concerning the duties
allocated to the applicant, in Case T-341/00, the Court of First
Instance (Fifth Chamber), composed of: J.D. Cooke, President,
R. García-Valdecasas and P. Lindh, Judges; D. Christensen,
Administrator, for the Registrar, has given a judgment on
22 October 2002, in which it:

1. Orders that Cases T-178/00 and T-341/00 shall be joined

for the purposes of the judgment;

Economic Area Agreement (Case COMP/JV 40 Canal+/Lagard-
ère and COMP/JV 47 Canal+/Lagardère/Liberty Media), the
Court of First Instance (Third Chamber, Extended Compo-
sition), composed of M. Jaeger, President, R. García-Valdecasas,
K. Lenaerts, P. Lindh and J. Azizi, Judges; J. Palacio González,
Administrator, for the Registrar, gave a judgment on 20 Nov-
ember 2002, in which it:

1.

annuls the Commission’s decision of 10 July 2000 amending
the decision of the Commission of 22 June 2000 declaring a
concentration compatible with the common market and with
the European Economic Area Agreement (Case COMP/JV
40 Canal+/Lagardère and COMP/JV 47 Canal+/Lagardère/
Liberty Media);

2. Dismisses the applications in Cases T-178/00 and T-341/00;

2.

orders the defendant to pay the costs.

3. Orders the parties to bear their own costs.

(1) OJ C 335 of 25.11.2000.

( 1) OJ C 259 of 9.9.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 20 November 2002

of 23 October 2002

in Case T-251/00: Lagardère SCA and Canal+ SA v
Commission of the European Communities (1)

in Case T-388/00: Institut für Lernsysteme GmbH v Office
for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (1)

(Competition — Regulation (EEC) No 4064/89 — Modifi-
cation of a decision declaring a concentration compatible
with the common market — Restrictions directly related
and necessary to the implementation of the concentration
(‘Ancillary restrictions’) — Action for annulment — Chal-
lengeable acts — Legal interest in bringing proceedings —
Legal certainty — Legitimate expectations — Reasons)

(2003/C 19/55)

(Language of the case: French)

In Case T-251/00: Lagardère SCA, established in Paris, rep-
resented by A. Winckler, avocat, with an address for service in
Luxembourg, Canal+ SA, established in Paris, represented
by J.-P. de La Laurencie and P.-M. Louis, avocats, against
Commission of the European Communities (Agents: W. Wils
and F. Lelièvre) — application for annulment of the Com-
mission’s decision of 10 July 2000 amending the decision of
the Commission of 22 June 2000 declaring a concentration
compatible with the common market and with the European

(Community trade mark — Opposition procedure — Earlier
figurative mark containing the acronym ILS — Application
for Community word mark ELS — Proof of use of earlier
mark — Article 43(2) and (3) of Regulation (EC) No 40/94
and Rule 22 of Regulation (EC) No 2868/95 — Relative
ground for refusal — Article 8(1)(b) of Regulation (EC)
No 40/94 — Statement of reasons)

(2003/C 19/56)

(Language of the case: English)

In Case T-388/00, Institut für Lernsysteme GmbH, established
in Hamburg (Germany), represented by J. Schneider and
A. Buddee, lawyers, with an address for service in Luxembourg,
v Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: A. von Mühlendahl, A. di Carlo
and O. Waelbroeck), the other party to the proceedings before