Judgment of the Court of 24 July 2003 in Case C-39/03 P: Commission of the European Communities v Artegodan GmbH and Others (Appeal — Directives 65/65/EEC and 75/319/EEC — Medicinal products for human use — Anorectics: amfepramone, clobenzorex, fenproporex, norpseudoephedrine, phentermine — Withdrawal of a marketing authorisation — Competence of the Commission — Conditions for withdrawal)
Date: 2003-09-20
Institutions: Court of Justice
Subjects: EU Member State, European Commission, General Court (EU), action for annulment (EU), dangerous substance, market approval, medicinal product, pharmaceutical industry, withdrawal from the market

C 226/2

EN

Official Journal of the European Union

20.9.2003

— third, the compensation does not exceed what is necessary to
cover all or part of the costs incurred in discharging the
public service obligations, taking into account the relevant
receipts and a reasonable profit
for discharging those
obligations;

— fourth, where the undertaking which is to discharge public
service obligations is not chosen in a public procurement
procedure, the level of compensation needed has been deter-
mined on the basis of an analysis of the costs which a
typical undertaking, well run and adequately provided with
means of transport so as to be able to meet the necessary
public service requirements, would have incurred in dischar-
ging those obligations, taking into account the relevant
for discharging the
receipts and a reasonable profit
obligations.

3. Article 77 of the EC Treaty (now Article 73 EC) cannot be
applied to public subsidies which compensate for the additional
costs incurred in discharging public service obligations without
taking into account Regulation No 1191/69, as amended by
Regulation No 1893/91.

Marion Roussel Ltd, established in Denham (United Kingdom),
Hoechst Marion Roussel SA, established in Brussels (Belgium),
Marion Merrell SA, established in Puteaux (France), Marion
Merrell SA, established in Barcelona (Spain), Sanova Pharma
GmbH, established in Vienna (Austria), Temmler Pharma GmbH
& Co.KG, established in Marburg (Germany), Schuck GmbH,
established in Schwaig (Germany), Laboratoires Roussell Lda,
established in Mem Martins (Portugal), Laboratoires Roussell
Diamant SARL, established in Puteaux, Roussel
Iberica SA,
established in Barcelona,
(represented by B. Sträter and
M. Ambrosius), Gerot Pharmazeutika GmbH, established in
Vienna,
(represented by K. Grigkar), Cambridge Healthcare
Supplies Ltd, established in Rackhearth (United Kingdom),
(represented by M. D. Vaughan, QC, K. Bacon, barrister, and
S. Davis, solicitor), and Laboratoires pharmaceutiques Trenker
SA, established in Brussels,
(represented by L. Defalque and
X. Leurquin), the Court, composed of: G.C. Rodríguez Iglesias,
President,
J.-P. Puissochet, M. Wathelet, R. Schintgen, C.W.
A. Timmermans (Presidents of Chambers), C. Gulmann, D.A.
Jann (Rapporteur), V. Skouris,
O. Edward, A. La Pergola, P.
F. Macken, N. Colneric, S. von Bahr, J.N. Cunha Rodrigues and
A. Rosas,
Judges; S. Alber, Advocate General; M. Múgica
Arzamendi, Principal Administrator, for the Registrar, has given
a judgment on 24 July 2003, in which it:

(1) OJ C 273 of 23.9.2000.

1. Dismisses the appeal;

2. Orders the Commission of the European Communities to pay the
costs of these proceedings and those relating to the application for
interim relief.

JUDGMENT OF THE COURT

of 24 July 2003

(1) OJ C 70 of 22.3.2003.

in Case C-39/03 P: Commission of

the European

Communities v Artegodan GmbH and Others (1)

(Appeal — Directives 65/65/EEC and 75/319/EEC —
Medicinal products for human use — Anorectics: amfepra-
norpseudoephedrine,
fenproporex,
mone,
phentermine — Withdrawal of a marketing authorisation —
Competence of the Commission — Conditions for withdrawal)

clobenzorex,

(2003/C 226/02)

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

In Case C-39/03 P, Commission of the European Communities,
(Agents: R. B. Wainwright and H. Støvlbæk, assisted by
B. Wägenbaur): Appeal against the judgment of the Court of
First Instance of the European Communities (Second Chamber,
Extended Composition) 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 and Others v Commission [2002]
ECR II-4945, seeking to have that judgment set aside, the
other parties to the proceedings being: Artegodan GmbH,
established in Lüchow (Germany), (represented by U. Doepner),
Bruno Farmaceutici SpA, established in Rome (Italy), Essential
Nutrition Ltd, established in Brough (United Kingdom), Hoechst

ORDER OF THE COURT

(First Chamber)

of 24 July 2003

in Case C-166/02 (Reference for a preliminary ruling from
the Tribunal Judicial da Comarca de Alcácer do Sal): Daniel
Fernando Messejana Viegas v Companhia de Seguros
Zurich SA, Mitsubishi Motors de Portugal SA (1)

(Article 104(3) of the Rules of Procedure — Answer which
may be clearly deduced from existing case-law — Second
Directive 84/5/EEC — Compulsory insurance against civil
liability in respect of motor vehicles — Types of civil
liability — Minimum amounts of cover)

(2003/C 226/03)

(Language of the case: Portuguese)

(Provisional translation; the definitive translation will be published in
the European Court Reports)

In Case C-166/02: Reference to the Court under Article 234 EC
by the Tribunal Judicial da Comarca de Alcácer do Sal (Portugal)