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 (Customs duties — Imports of beef from South America — Article 13(1) of Regulation (EEC) No 1430/79 — Application for recovery of import duties — Rights of the defence — Special situation)
Date: 2003-05-10
Institutions: Court of First Instance
Subjects: European Commission, Germany, action for annulment (EU), beef, customs drawback, customs formalities, import

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: