Judgment of the Court of First Instance of 10 December 2002 in Case T-123/00: Dr. Karl Thomae GmbH v Commission of the European Communities (Medicinal products for human use — Regulation (EEC) No 2309/93 — Community marketing authorisation — Regulation (EC) No 542/95 — Variation of the terms of the authorisation — Name and package layout of the medicinal product)
Date: 2003-02-22
Institutions: Court of First Instance
Subjects: European Commission, European Medicines Agency, Germany, action for annulment (EU), market approval

C 44/22

EN

Official Journal of the European Union

22.2.2003

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 5 December 2002

in Case T-70/00: Paul Edwin Hoyer v Commission of the
European Communities (1)

(Temporary agents — Execution of a judgment of the Court
of First Instance — Dismissal)

(Agents: D. Triantafyllou and K.-D. Borchardt), supported by
Federal Republic of Germany (Agents: initially W.-D. Plessing
and T. Jürgensen, and, subsequently, Plessing and M. Lumma):
Application for the annulment of the Commission’s decision
of 22 December 1999 relating to proposed State Aid No 506/
99, the Court of First Instance (Fourth Chamber, Extended
Composition), composed of: M. Vilaras, President, V. Tiili,
J. Pirrung, P. Mengozzi and A.W.H. Meij, Judges; D. Christen-
sen, Administrator, for the Registrar, has given a judgment on
5 December 2002, in which it:

(2003/C 44/38)

(Language of the case: Dutch)

In Case T-70/00: Paul Edwin Hoyer, formerly a temporary
agent of the Commission of the European Communities,
residing in Hoeilaart, Belgium, represented by G. van der Wal,
Lawyer, with an address for service in Luxembourg, against
Commission of the European Communities (Agents: initially
G. Valsesia and C. Van der Hauwaert, subsequently F. Clotuche-
Duvieusart and H.M.H. Speyart) — application for annulment
of the Commission’s decision of 24 January 2000 terminating
the applicant’s contract of employment as temporary agent —
the Court of First Instance (Fourth Chamber), composed of
M. Vilaras, President, and V.Tiili and P. Mengozzi,
Judges;
J. Palacio González, Principal Administrator, for the Registrar,
gave a judgment on 5 December 2002, in which it:

1. Dismissed the application;

2. Ordered each of the parties to bear its own costs.

( 1) OJ C 149 of 27.5.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 5 December 2002

in Case T-114/00: Aktionsgemeinschaft Recht und Eigen-
tum eV v Commission of the European Communities (1)

(State aid — Scheme for the acquisition of agricultural and
forestry land in the former German Democratic Republic —
Failure to initiate the formal review procedure provided for
in Article 88(2) EC — System of aid — Action for annulment
— Association — Admissibility)

(2003/C 44/39)

(Language of the case: German)

In Case T-114/00, Aktionsgemeinschaft Recht und Eigentum
eV, established in Borken (Germany), represented by M. Pech-
stein, professor, v Commission of the European Communities

1. Dismisses the objection of inadmissibility;

2.

Reserves costs.

(1) OJ C 192 of 8.7.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 10 December 2002

in Case T-123/00: Dr. Karl Thomae GmbH v Commission
of the European Communities (1)

(Medicinal products for human use — Regulation (EEC)
No 2309/93 — Community marketing authorisation —
Regulation (EC) No 542/95 — Variation of the terms of the
authorisation — Name and package layout of the medicinal
product)

(2003/C 44/40)

(Language of the case: English)

In Case T-123/00, Dr Karl Thomae GmbH, established in
Biberach an der Riß (Germany), represented by D. Waelbroeck
and D. Brinckman, Lawyers, with an address for service in
Luxembourg, supported by European Federation of Pharma-
ceutical Industries and Associations (EFPIA), established in
Brussels (Belgium), represented by D. Perkins, Solicitor, and
M. Van Kerckhove, Lawyer, with an address for service in
Luxembourg, v Commission of the European Communities
(Agents: R. Wainwright and H. Støvlbæk), supported by
Council of the European Union (Agents: M.-C. Giorgi and
G. Houttuin): Application for annulment of the decision of
1 March 2000 of the European Agency for the Evaluation of
Medicinal Products, rejecting an application for variation of
certain terms of the marketing authorisation for the medicinal
product, ‘Daquiran’, the Court of First Instance (Fifth Chamber),
composed of: J.D. Cooke, President, R. García-Valdecasas and
P. Lindh, Judges; J. Plingers, Administrator, for the Registrar,
has given a judgment on 10 December 2002, in which it:

22.2.2003

EN

Official Journal of the European Union

C 44/23

1. Annuls the decision of 1 March 2000 of

the European
Agency for the Evaluation of Medicinal Products, rejecting an
application for variation of certain terms of the marketing
authorisation for the medicinal product ‘Daquiran’;

2. Orders the Commission to bear its own costs and to pay the
costs incurred by the applicant and the EFPIA, intervener;

3. Orders the Council to bear its own costs.

3. Ordered the Commission to pay the costs.

(1) OJ C 211 of 22.7.2000.

( 1) OJ C 192 of 8.7.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 December 2002

in Case T-135/00: Carmelo Morello v Commission of the
European Communities (1)

(Officials — Procedure for filling vacant posts — Statement
of reasons — Comparative examination of applicants and
equal treatment of officials — Actions for annulment —
Actions for damages)

(2003/C 44/41)

(Language of the case: French)

In Case T-135/00: Carmelo Morello, an official of the Com-
mission of the European Communities, residing in Brussels,
represented by J. Sambon and P.-P. Van Gehuchten, Lawyers,
with an address for service in Luxembourg, against Com-
mission of the European Communities (Agents: C. Berardis-
Kayser and D. Waelbroeck) — application for annulment of
the Commission’s decision not to appoint the applicant to
the post of Head of Unit 1 ‘Post and telecommunications,
information society coordination’ within Directorate C ‘Infor-
mation, communication and multimedia’ within the Director-
ate-General for Competition (COM/069/99) and of its decision
to appoint a different applicant to the post and an application
for damages — the Court of First Instance (Third Chamber),
composed of M. Jaeger, President, and K. Lenaerts and J. Azzizi,
Judges; J. Palacio González, Principal Administrator, for the
Registrar, gave a judgment on 12 December 2002, in which it:

of 12 December 2002

in Case T-136/00: Carmelo Morello v Commission of the
European Communities (1)

(Officials — Procedure for filling vacant posts — Statement
of reasons — Comparative examination of applicants and
equal treatment of officials — Actions for annulment —
Actions for damages)

(2003/C 44/42)

(Language of the case: French)

In Case T-136/00: Carmelo Morello, an official of the Com-
mission of the European Communities, residing in Brussels,
represented by J. Sambon and P.-P. Van Gehuchten, Lawyers,
with an address for service in Luxembourg, against Com-
mission of the European Communities (Agents: C. Berardis-
Kayser and D. Waelbroeck) — application for annulment of
the Commission’s decision not to appoint the applicant to the
post of Head of Unit 2 ‘Motor vehicles and other means of
transport’ within Directorate F ‘Consumer goods and capital
goods industries’ within the Directorate-General for Compe-
tition (COM/070/99) and of its decision to appoint a different
applicant to the post and an application for damages — the
Court of First Instance (Third Chamber), composed of M. Jaeg-
er, President, and K. Lenaerts and J. Azzizi, Judges; J. Palacio
González, Principal Administrator, for the Registrar, gave a
judgment on 12 December 2002, in which it:

1. Ordered the Commission to pay the applicant EUR 5 000;

2. Dismissed the remainder of the action;

3. Ordered the Commission to pay the costs.

1. Ordered the Commission to pay the applicant EUR 5 000;

(1) OJ C 211 of 22.7.2000.

2. Dismissed the remainder of the action;