Judgment of the Court of First Instance of 28 January 2003 in Case T-147/00: Les Laboratoires Servier v Commission of the European Communities (Medicinal products for human use — Community arbitration procedures — Withdrawal of marketing authorisations — Competence — Serotonergic anorectics: dexfenfluramine, fenfluramine — Directives 65/65/EEC and 75/319/EEC)
Date: 2003-04-05
Institutions: Court of First Instance
Subjects: European Commission, General Court (EU), action for annulment (EU), drug surveillance, marketing, pharmaceutical product

C 83/18

EN

Official Journal of the European Union

5.4.2003

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 16 January 2003

of 28 January 2003

in Case T-75/00: Augusto Fichtner v Commission of the
European Communities (1)

in Case T-147/00: Les Laboratoires Servier v Commission
of the European Communities (1)

(Officials — Disciplinary measures — Removal from post
— Engagement in outside activities without prior authoris-
ation)

(Medicinal products for human use — Community arbi-
tration procedures — Withdrawal of marketing authoris-
ations — Competence — Serotonergic anorectics: dexfenflur-
amine, fenfluramine — Directives 65/65/EEC and 75/319/
EEC)

(2003/C 83/42)

(Language of the case: Italian)

(2003/C 83/43)

(Language of the case: English)

In Case T-75/00: Augusto Fichtner, a former official of
the Commission of the European Communities, residing in
Besozzo (Italy), represented initially by V. Salvatore, avvocato,
and subsequently by V. La Russa, avvocato, against Com-
mission of the European Communities (Agents: J. Currall and
A. Dal Ferro) — application, first,
for annulment of the
Commission decision imposing on the applicant the disciplin-
ary measure of removal from his post, with maintenance of
retirement pension rights, on the ground that he had engaged
in outside activities without prior authorisation, and, second,
for payment of compensation — the Court of First Instance
(Fourth Chamber), composed of: M. Vilaras, President, P. Men-
gozzi and A.W.H. Meij, Judges; J. Palacio González, Principal
Administrator, for the Registrar, has given a judgment on
16 January 2003, the operative part of which is as follows:

1.

The application is dismissed;

In Case T-147/00, Les Laboratoires Servier, established in
Neuilly-sur-Seine (France), represented by C. Norall, E. Wright,
M.I.F. Utgès Manley, I.S. Forrester QC and J. Killick, lawyers,
with an address for service in Luxembourg, v Commission
the European Communities (Agents: H. Støvlbæk and
of
R. Wainwright): Application for annulment of the Commission
decision of 9 March 2000 concerning the withdrawal of
marketing authorisations of medicinal products for human use
‘dexfenfluramine’
which contain the [following] substances:
and ‘fenfluramine’ (C(2000) 573), the Court of First Instance
(Second Chamber, Extended Composition), composed of:
R.M. Moura Ramos, President, V. Tiili, J. Pirrung, P. Mengozzi
and A.W.H. Meij, Judges; D. Christensen, Administrator, for
the Registrar, has given a judgment on 28 January 2003, in
which it:

1. Annuls the Commission Decision of 9 March 2000 (C(2000)

573);

2.

The parties shall bear their own costs, including those relating
to the proceedings for interim measures.

2. Orders the Commission to pay all the costs.

( 1) OJ C 135, 13.5.00.

(1) OJ C 247, 26.8.2000.