Case T-247/04: Action brought on 17 June 2004 by Asociación de Exportadores Españoles de Productos Farmacéuticos (Aseprofar) y Española de Desarrollo e Impulso Farmacéutico, SA (Edifa) against the Commission of the European Communities
Date: 2004-08-28
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), disclosure of information, distributive trades, export restriction, pharmaceutical product, public administration, research body, wholesale trade

C 217/32

EN

Official Journal of the European Union

28.8.2004

Action brought on 17 June 2004 by Asociación de Expor-
tadores Españoles de Productos Farmacéuticos (Aseprofar)
y Española de Desarrollo e Impulso Farmacéutico, SA
European
the Commission of
(Edifa)
Communities

against

the

pharmaceutical products are being exported and in what quan-
tities.

The applicants therefore consider that the Real Decreto in ques-
tion infringes Article 29 of the EC Treaty or Article 10 thereof
in conjunction with Article 29.

(Case T-247/04)

(2004/C 217/57)

(Language of the case: Spanish)

Action brought on 21 June 2004 by Scania AB (Publ)
against the Commission of the European Communities

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 17 June 2004 by Asociación de
Exportadores Españoles de Productos Farmacéuticos (Aseprofar)
y Española de Desarrollo e Impulso Farmacéutico, SA (Edifa),
established in Madrid, represented by L. Ortiz Blanco, lawyer.

The applicant claims that the Court should:

— Annul the decision of the European Commission incorpo-
rated in the letters of 2 April, 6 May and 10 May 2004 by
virtue of which it decided to take no further action in
the complaints registered under numbers P/
respect of
2002/4609 and 2003/5119 (as they relate to the applic-
ability of Article 29 EC) on the ground that Real Decreto
725/2003 of 13 June 2003 does not infringe Article 29 EC
or Article 10 in conjunction with Article 29 EC;

— Order the Commission to pay the costs.

(Case T-248/04)

(2004/C 217/58)

(Language of the case: English)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 21 June 2004 by Scania AB (Publ),
Södertälje (Sweden), represented by D. Arts and F. Herbert,
lawyers, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the decision of the Commission of 7 April 2004 by
which the Commission approved Volvo's divestment of A
shares through Ainax;

Pleas in law and main arguments:

— order the Commission to pay the costs.

The present action seeks annulment of the decision contained
in the letters from the European Commission of 2 April and 6
and 10 May 2004,
the complaints put
in that they reject
forward by the applicants (P/2002/4609 and 2003/5119)
against the adoption of Real Decreto 725/2003 of 13 June
2003 inasmuch as it amends certain aspects of Article 100(2)
of Ley 25/1990 on medicinal products.

The Real Decreto requires wholesalers which distribute phar-
maceutical products to notify the health authorities of
the
quantities of medicinal products supplied to pharmacies and
other wholesalers. That information is subsequently provided
to pharmaceutical
laboratories by that public authority. The
applicants consider that pharmaceutical laboratories can thus
effectively take measures to block exports to other Community
countries carried out by exporting wholesalers, by learning
which wholesalers are exporting medicinal products, what

Pleas in law and main arguments:

The applicant states that the Commission's approval of the
concentration between Volvo and Renault Vehicules Indus-
triels (1) was conditional upon Volvo divesting its shares in
Scania (the Scania undertaking). In the contested decision, the
Commission accepted the divestiture proposals of Volvo
according to which Volvo would transfer its remaining Scania
shares to a subsidiary, Ainax. The applicant furthermore states
that the Ainax shares would be distributed as dividend to the
shareholders of Volvo.

According to the applicant, the contested decision infringes the
Scania undertaking provided for in the Commission's decision
of 1 September 2000, as well as Article 6(1)(c) and 6(2) of
Regulation 4064/89 (2).