Judgment of the Court of First Instance of 21 October 2003 in Case T-392/02: Solvay Pharmaceuticals BV v Council of the European Union (Directive 70/524/EEC — Community authorisation, linked to the person responsible for putting into circulation, of an additive in animal feedingstuff — Transitional rules — Withdrawal of the authorisation — Action for annulment — Admissibility — Conditions for withdrawal — Precautionary principle — Principles of equal treatment, legal certainty, sound administration and good faith)
Date: 2004-01-10
Institutions: Court of First Instance
Subjects: Council of the European Union, action for annulment (EU), animal nutrition, food additive, veterinary drug, veterinary legislation, withdrawal from the market

C 7/34

EN

Official Journal of the European Union

10.1.2004

1. Orders the Commission to pay the applicant

the sum of
EUR 3 000, in addition to the sum of EUR 1 500 already
awarded by the Appointing Authority.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

2. Dismisses the remainder of the action.

3. Orders the Commission to pay the costs.

(1) OJ C 118 of 18.5.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 21 October 2003

in Case T-392/02: Solvay Pharmaceuticals BV v Council of
the European Union (1)

(Directive 70/524/EEC — Community authorisation, linked
to the person responsible for putting into circulation, of an
additive in animal feedingstuff — Transitional rules —
Withdrawal of the authorisation — Action for annulment —
Admissibility — Conditions for withdrawal — Precautionary
principle — Principles of equal treatment, legal certainty,
sound administration and good faith)

(2004/C 7/62)

(Language of the case: French)

In Case T-392/02: Solvay Pharmaceuticals BV, established in
Weesp (Netherlands), represented by C. Meijer, F. Herbert and
M. L. Struys, lawyers, with an address for service in Luxem-
bourg, against Council of the European Union (Agents: M. Balta
and M. Ruggery Laderchi), supported by Commission of the
European Communities (Agent: A. Bordes), application for the
annulment of Council Regulation (EC) No 1756/2002 of
23 September 2002 amending Directive 70/524/EEC concern-
ing additives in feedingstuffs as regards withdrawal of the
authorisation of an additive and amending Commission Regu-
lation (EC) No 2430/1999 (OJ 2002 L 265, p. 1) — the
Court of First
Instance (Second Chamber), composed of
N. J. Forwood, President, J. Pirrung and A.W.H. Meij, Judges;
H. Jung, Registrar, gave a judgment on 21 October 2003, in
which it:

1. Dismisses the application.

2. Orders the applicant to bear his own costs and pay those
including those incurred in the

incurred by the Council,
interlocutory proceedings.

3. Orders the Commission to bear its own costs, including those

incurred in the interlocutory proceedings.

(1) OJ C 55 of 8.3.2003.

of 9 July 2003

in Case T-288/02 R: Asian Institute of Technology (AIT) v
Commission of the European Communities

(Procedure for interim relief — Urgency — None)

(2004/C 7/63)

(Language of the case: French)

In Case T-288/02 R: Asian Institute of Technology (AIT),
established in Pathumthani (Thailand), represented by H. Teis-
siers du Cros, lawyer, with an address for service in Luxem-
bourg, against Commission of the European Communities
(Agents: P.-J. Kuijper and B. Schöfer) — application for
suspension of operation of the decision of the Commission of
22 February 2002 to conclude a research contract with the
Center for Energy-Environment Research and Development —
the President of the Court of First Instance made an order on
9 July 2002, the operative part of which is as follows:

1.

2.

The application for interim relief is dismissed.

Costs are reserved.

Action brought on 8 October 2003 by Deutsche Post
AG and Securicor Omega Express Limited against the
Commission of the European Communities

(Case T-343/03)

(2004/C 7/64)

(Language of the case: German)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 8 October 2003 by Deutsche Post
AG, Bonn (Germany) and Securicor Omega Express Limited,
Sutton (United Kingdom), represented by T. Lübbig, lawyer.