Judgment of the Court of 30 September 2003 in Case C-94/02 P: Établissements Biret et Cie SA v Council of the European Union (Appeal — Directives 81/602/EEC, 88/146/EEC and 96/22/EC — Prohibition on the use of certain substances having a hormonal action — Prohibition on the importation from third countries of meat from farm animals to which those substances have been administered — Application for damages — Direct effect of the WTO Agreement and the agreements annexed thereto — Agreement on the Application of Sanitary and Phytosanitary Measures — Recommendations and decisions of the WTO Dispute Settlement Body)
Date: 2003-11-15
Institutions: Court of Justice
Subjects: Council of the European Union, action for annulment (EU), hormone, import restriction, liquidation, meat processing industry

15.11.2003

EN

Official Journal of the European Union

C 275/19

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

of 30 September 2003

of 30 September 2003

in Case C-93/02 P: Biret International SA v Council of the
European Union (1)

in Case C-94/02 P: Établissements Biret et Cie SA v Council
of the European Union (1)

(Appeal — Directives 81/602/EEC, 88/146/EEC and 96/22/
EC — Prohibition on the use of certain substances having a
hormonal action — Prohibition on the importation from
third countries of meat from farm animals to which those
substances have been administered — Application for dam-
ages — Direct effect of the WTO Agreement and the
agreements annexed thereto — Agreement on the Appli-
cation of Sanitary and Phytosanitary Measures — Rec-
ommendations and decisions of the WTO Dispute Settlement
Body)

(Appeal — Directives 81/602/EEC, 88/146/EEC and 96/22/
EC — Prohibition on the use of certain substances having a
hormonal action — Prohibition on the importation from
third countries of meat from farm animals to which those
substances have been administered — Application for dam-
ages — Direct effect of the WTO Agreement and the
agreements annexed thereto — Agreement on the Appli-
cation of Sanitary and Phytosanitary Measures — Rec-
ommendations and decisions of the WTO Dispute Settlement
Body)

(2003/C 275/32)

(2003/C 275/33)

(Language of the case: French)

(Language of the case: French)

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

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

In Case C-93/02 P, Biret International SA, a company in
judicial liquidation, established in Paris (France) (represented
by M. de Thoré and S. Rodrigues): Appeal against the judgment
of the Court of First Instance of the European Communities
(First Chamber) of 11 January 2002 in Case T-174/00 Biret
International v Council [2002] ECR II-17, seeking to have that
judgment set aside, the other parties to the proceedings being:
Council of the European Union,
J. Carbery and
F. P. Ruggeri Laderchi), supported by United Kingdom of Great
Britain and Northern Ireland, (Agent: P. M. Ormond), and
Commission of the European Communities, (Agents: T. Chris-
toforou and A. Bordes), the Court, composed of: G.C. Rodrí-
guez Iglesias, President, J.-P. Puissochet, M. Wathelet (Rapporte-
ur), R. Schintgen and C.W.A. Timmermans (Presidents of
Chambers), C. Gulmann, D.A.O. Edward, P. Jann, V. Skouris,
F. Macken, N. Colneric, S. von Bahr and J.N. Cunha Rodrigues,
Judges; S. Alber, Advocate General; H.A. Rühl, Principal
Administrator, for the Registrar, has given a judgment on
30 September 2003, in which it:

(Agents:

In Case C-94/02 P, Établissements Biret et Cie SA, established
in Paris (France), (represented by S. Rodrigues): Appeal against
the judgment of the Court of First Instance of the European
Communities (First Chamber) of 11 January 2002 in Case
T-210/00 Biret et Cie v Council [2002] ECR II-47, seeking to
have that judgment set aside, the other party to the proceedings
being: Council of the European Union, (Agents: J. Carbery and
F. P. Ruggeri Laderchi), supported by United Kingdom of Great
Britain and Northern Ireland, (Agents: P. M. Ormond), and
Commission of the European Communities, (Agents: T. Chris-
toforou and A. Bordes), the Court, composed of: G.C. Rodrí-
guez Iglesias, President, J.-P. Puissochet, M. Wathelet (Rappor-
teur), R. Schintgen and C.W.A. Timmermans (Presidents of
Chambers), C. Gulmann, D.A.O. Edward, P. Jann, V. Skouris,
F. Macken, N. Colneric, S. von Bahr and J.N. Cunha Rodrigues,
Judges; S. Alber, Advocate General; H.A. Rühl, Principal
Administrator, for the Registrar, has given a judgment on
30 September 2003, in which it:

1. Dismisses the appeal;

2. Orders Biret International SA to bear its own costs and to pay

two thirds of the costs of the Council of the European Union;

2. Orders Établissements Biret et Cie SA to bear its own costs and
to pay two thirds of the costs of the Council of the European
Union;

1. Dismisses the appeal;

3. Orders the Council of the European Union to bear one third of

3. Orders the Council of the European Union to bear one third of

its own costs;

its own costs;

4. Orders the United Kingdom of Great Britain and Northern
Ireland and the Commission of the European Communities to
bear their own costs.

4. Orders the United Kingdom of Great Britain and Northern
Ireland and the Commission of the European Communities to
bear their own costs.

(1) OJ C 109 of 4.5.2002.

(1) OJ C 109 of 4.5.2002.