Judgment of the Court of First instance of 26 February 2003 in Cases T-344/00 and T-345/00: CEVA Santé animale SA and Pharmacia Entreprises SA v Commission of the European Communities (Regulation (EEC) No 2377/90 — Veterinary medicinal products — Application for the inclusion of "progesterone" in the list of substances for which it does not appear necessary to fix a maximum residue limit — Opinion of the Committee for Veterinary Medicinal Products (CVMP) — Re-examination by the CVMP — Failure by the Commission to adopt a draft of measures to be taken — Action for failure to act — Definition of a position putting an end to a failure to act — No need to adjudicate — Actions in damages — Liability of the Community — Causal link — Interlocutory judgment)
Date: 2003-05-10
Institutions: Court of First Instance
Subjects: European Commission, action for failure to act, animal health, hormone, pharmaceutical industry, pharmaceutical legislation

10.5.2003

EN

Official Journal of the European Union

C 112/27

A. Pisaneschi and S. Zunarelli, lawyers, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: initially by L. Visaggio and subsequently
by C. Cattabriga, assisted by M. Moretto) — application for
annulment of Commission Decision C (2000) 1099 of 3 May
2000 discontinuing aid from the Guidance Section of the
European Agricultural Guidance and Guarantee Fund for
Project No 9 (beneficiary: Massalombarda Colombani SpA)
in the context of operational programme No 91.CT.IT.01,
approved by Commission Decision C (91) 2255/6 of 28 Octo-
ber 1991 — the Court of First Instance (Fifth Chamber),
composed of R. García-Valdecasas, President, P. Lindh and
J.D. Cooke, Judges; J. Palacio González, Principal Adminis-
trator, for the Registrar, has given a judgment on 11 March
2003, in which it:

2. Orders the Commission to pay the costs.

(1) OJ C 372 of 23.12.00.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 26 February 2003

1. Dismisses the application;

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

Commission.

in Cases T-344/00 and T-345/00: CEVA Santé animale SA
and Pharmacia Entreprises SA v Commission of the
European Communities (1)

( 1) OJ C 285 of 7.10.00.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 27 February 2003

in Case T-329/00, Bonn Fleisch Ex- und Import GmbH v
Commission of the European Communities (1)

(Customs duties — Imports of beef from South America —
Article 13(1) of Regulation (EEC) No 1430/79 — Appli-
cation for recovery of import duties — Rights of the defence
— Special situation)

(2003/C 112/50)

(Language of the case: German)

In Case T-329/00, Bonn Fleisch Ex- und Import Gmbh,
established in Troisdorf (Germany), represented by D. Ehle,
lawyer, with an address for service in Luxembourg, against
Commission of the European Communities (Agents: X. Lewis
and Núñez-Müller) — application for annulment of
the
Commission Decision of 25 July 2000 finding that the
recovery of import duties is not justified in a special case (REM
49/99) — the Court of First Instance (Third Chamber),
composed of M. Jaeger, President and K. Lenaerts and J. Azizi,
Judges; D. Christensen, Administrator, for the Registrar, has
given a judgment on 27 February 2003, in which it:

1. Annuls the Decision of the Commission of 25 July 2000
finding that recovery of import duties is not justified in a special
case (REM 49/99);

(Regulation (EEC) No 2377/90 — Veterinary medicinal
products — Application for the inclusion of ‘progesterone’
in the list of substances for which it does not appear
necessary to fix a maximum residue limit — Opinion of the
Committee for Veterinary Medicinal Products (CVMP) —
Re-examination by the CVMP — Failure by the Commission
to adopt a draft of measures to be taken — Action for failure
to act — Definition of a position putting an end to a failure
to act — No need to adjudicate — Actions in damages —
Liability of the Community — Causal link — Interlocutory
judgment)

(2003/C 112/51)

(Language of the case: English)

In Joined Cases T-344/00 and T-345/00, CEVA Santé animale
SA, established in Libourne (France), and Pharmacia Entreprises
SA, formerly Pharmacia & Upjohn SA, established in Luxem-
bourg, represented by D. Waelbroeck and D. Brinckman,
lawyers, with an address for service in Luxembourg, supported
by Fédération européenne de la santé animale (Fedesa), estab-
lished in Brussels, represented by A. Vandencasteele, lawyer,
with an address for service in Luxembourg; Intervener: in Case
T-345/00, Commission of the European Communities (Agents:
T. Christoforou and M. Shotter): Application for (1) a declar-
ation under Article 232 EC that, by failing to take the necessary
measures for the inclusion of progesterone in Annex II 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), the
Commission has failed to comply with its obligations under
Community law and (2) damages under Article 235 EC and
the second paragraph of Article 288 EC, the Court of First
Instance (Second Chamber), composed of: R.M. Moura Ramos,
Judges; J. Plingers,
President, J. Pirrung and A.W.H. Meij,
Administrator, for the Registrar, has given a judgment on
26 February 2003, in which it has ruled:

C 112/28

EN

Official Journal of the European Union

10.5.2003

1.

2.

There is no longer any need to give judgment on the actions for
failure to act.

1. Dismisses the application;

The Commission’s inaction between 1 January 2000 and
25 July 2001 is such as to render the Community liable.

Council.

2. Orders the applicant to bear its own costs and the costs of the

3. Within six months of

the date of delivery of the present
judgment the parties shall inform the Court of the amount of
damages which they claim, as agreed with the Commission.

(1) OJ C 79 of 10.3.01.

4.

In the event of failure to agree the amount, the parties shall
submit to the Court, within the same period, their calculations
of the amount of damages attributable to the Commission’s
inaction between 1 January 2000 and 25 July 2001.

5.

The costs are reserved.

( 1) OJ C 45 of 10.02.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 25 February 2003

in Case T-4/01, Renco SpA v Council of the European
Union (1)

(Public works contracts — Directive 93/37/EEC — Tender
specification — Statement of reasons for the decision to
award the contract — Manifest errors of assessment — Non-
contractual liability of the Community)

(2003/C 112/52)

(Language of the case: French)

In Case T-4/01: Renco SpA, established in Milan (Italy)
represented by D. Philippe and F. Apruzzi, lawyers, with an
address for service in Luxembourg, against Council of the
European Union (Agents: F. van Craeyenest, M. Arpio Santac-
ruz and J. Stuyck) — application for damage allegedly suffered
by the applicant following the decision of the Council not to
award it the contract for invitation to tender No 107865
issued on 30 July 1999 (OJ S 146) for refitting and general
maintenance of the Council’s buildings — the Court of First
Instance (Fifth Chamber), composed of J.D. Cooke, President,
and R. García-Valdecasas and P. Lindh Judges; D. Christensen,
Administrator, for the Registrar, has given a judgment on
25 February 2003, in which it:

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 5 March 2003

in Case T-24/01: Claire Staelen v European Parliament (1)

(Officials — Open competition — Eliminating tests —
Power of the selection board to change the minimum number
of points required in the Notice of Competition — Tests of a
comparative nature — Admissibility)

(2003/C 112/53)

(Language of the case: French)

In Case T-24/01: Claire Staelen, a member of the temporary
staff of the European Parliament, residing in Bridel (Luxem-
bourg) represented by J. Chocroun, lawyer, against the Euro-
pean Parliament (Agents: J. F. de Wachter and D. Moore) —
application, principally, for the annulment of the decision of
the selection board in Competition EUR/A/151/98 refusing to
allow the applicant to take part in the tests subsequent to Test
VII.A.(d) of that competition and, in the alternative, a claim for
compensation for the non-material damage allegedly suffered,
— 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,
has given a judgment on 26 February 2003, in which it:

1. Annuls the decision of the selection board in Competition EUR/
A/151/98 refusing to allow the applicant to take part in the
tests subsequent to Test VII.A.(d) of that competition;

2. Orders the Parliament to bear its own costs and to pay the
applicant’s costs, including those relating to the application for
interim measures.

(1) OJ C 95 of 24.3.01.