Judgment of the Court (Grand Chamber) of 12 July 2005 in Case C-198/03 P: Commission of the European Communities v CEVA Santé Animale SA, Pfizer Enterprises Sàrl, International Federation for Animal Health (IFAH) (Appeal — Regulation (EEC) No 2377/90 — Veterinary medicinal products — Establishment of a maximum residue level for progesterone — Conditions governing the non-contractual liability of the Community)
Date: 2005-09-03
Institutions: Court of Justice
Subjects: action for annulment (EU), animal health, hormone, pharmaceutical industry, pharmaceutical legislation

C 217/6

EN

Official Journal of the European Union

3.9.2005

2. Orders the Republic of Austria to pay the costs.

(1) OJ C 112 of 10.5.2003.

January 1983 establishing a Community system for the conserva-
tion and management of fishery resources, Article 9(2) of Council
Regulation (EEC) No 3760/92 of 20 December 1992 estab-
lishing a Community system for fisheries and aquaculture, Article
1 and Article 11(1) and (2) of Council Regulation (EEC)
No 2241/87 of 23 July 1987 establishing certain control
measures for fishing activities and Article 2, Article 21(1) and (2)
and Article 31 of Council Regulation (EEC) No 2847/93 of 12
October 1993 establishing a control system applicable to the
common fisheries policy.

JUDGMENT OF THE COURT

2. Orders the Kingdom of Belgium to pay the costs.

(Third Chamber)

of 21 July 2005

(1) OJ C 135 of 07.06.2003.

in Case C-149/03: Commission of the European Commu-
nities v Kingdom of Belgium (1)

(Failure by a Member State to fulfil obligations — System of
fishing quotas — 1991 to 1996 fishing years)

(2005/C 217/11)

(Language of the case: Dutch)

In Case C-149/03 Commission of the European Communities
(Agent: T. van Rijn) v Kingdom of Belgium (Agent: A. Snoecx,
assisted by H. Gilliams) — action under Article 226 EC for
failure to fulfil obligations, brought on 1 April 2003 — the
Court (Third Chamber), composed of A. Rosas, President of the
Chamber,
Bahr,
J. Malenovský and U. Lõhmus, Judges; C. Stix-Hackl, Advocate
General; R. Grass, Registrar, gave a judgment on 21 July 2005,
in which it:

(Rapporteur),

Puissochet

von

J.-P.

S.

1. Declares that, having failed

— to establish the appropriate detailed rules for utilisation of the
quotas allocated to it for each of the fishing years in the
period 1991 to 1996;

— in respect of each of those fishing years to ensure compliance
with Community legislation on the conservation of fisheries
resources through the supervision of
fishing activities and
appropriate monitoring of the unloading and registration of
catches;

— in respect of each of those fishing years within a reasonable
period of time provisionally to prohibit fishing with vessels
which fly its flag or are registered within its territory when the
applicable quota was deemed to have been exhausted;

— to adopt administrative or criminal measures against those
responsible for fishing activities after bans had come into
force,

the Kingdom of Belgium has failed to fulfil its obligations under
Article 5(2) of Council Regulation (EEC) No 170/83 of 25

JUDGMENT OF THE COURT

(Grand Chamber)

of 12 July 2005

in Case C-198/03 P: Commission of the European Commu-
nities v CEVA Santé Animale SA, Pfizer Enterprises Sàrl,
International Federation for Animal Health (IFAH) (1)

(Appeal — Regulation (EEC) No 2377/90 — Veterinary
medicinal products — Establishment of a maximum residue
level for progesterone — Conditions governing the non-
contractual liability of the Community)

(2005/C 217/12)

(Language of the case: English)

In Case C-198/03 P — Appeal under Artricle 56 of the Statute
of the Court of Justice, brought on 12 May 2003 by Commis-
sion of the European Communities (Agents: T. Christoforou
and M. Shotter), the other parties to the proceedings being:
CEVA Santé Animale SA, having its registered office in
Libourne (France), (Lawyers: D. Waelbroeck, N. Rampal, and
U. Zinsmeister), Pfizer Enterprises Sàrl, formerly Pharmacia
Enterprises SA and, prior to that, Pharmacia & Upjohn SA,
having its
registered office in Luxembourg (Luxembourg)
(Lawyers: D. Waelbroeck, N. Rampa and U. Zinsmeister),
supported by International Federation for Animal Health
(IFAH), formerly Fédération européenne de la santé animale
(Lawyer:
(Fedesa),
A. Vandencasteele) — the Court (Grand Chamber), composed
of V. Skouris, President of the Chamber, P. Jann (Rapporteur),
C.W.A. Timmermans and A. Borg Barthet, Presidents of

established

(Belgium),

Brussels

in

3.9.2005

EN

Official Journal of the European Union

C 217/7

J.N. Cunha Rodrigues, M.

Chambers, J. P. Puissochet, R. Schintgen, N. Colneric, S. von
Bahr,
J. Malenovský, U.
Lõhmus and E. Levits, Judges; F.G. Jacobs, Advocate General; L.
Hewlett, Principal Administrator, for the Registrar, gave a judg-
ment on 12 July 2005, in which it:

Ilešič,

1. Sets aside the judgment of the Court of First Instance of the Euro-
pean Communities of 26 February 2003 in Joined Cases T-344/
00 and T-345/00 CEVA and Pharmacia Enterprises v Commis-
sion in so far as it established that there had been inaction on the
part of the Commission of the European Communities between
1 January 2000 and 25 July 2001 of such a kind as to give rise
to liability on the part of the Community;

2. Dismisses the actions;

3. Orders CEVA Santé Animale SA and Pfizer Enterprises Sàrl to
pay the costs of both the proceedings before the Court of First
Instance of the European Communities and the present proceed-
ings;

4. Orders the International Federation for Animal Health to bear its
own costs in both the proceedings before the Court of First
Instance and the present proceedings.

(1) OJ C 213 of 06.09.2003.

Pen, residing at Saint-Cloud (France), (Agent: F. Wagner), the
other party to the proceedings being the European Parliament
(Agents: H. Krück and C. Karamarcos), the French Republic,
(Agents: R. Abraham, G. de Bergues and L. Bernheim), inter-
vener at
(Second Chamber),
composed of C.W.A. Timmermans (Rapporteur), President of
the Chamber, R. Silva de Lapuerta, J. Makarczyk, P. Kūris and
G. Arestis,
Jacobs, Advocate General; R. Grass,
Registrar, gave a judgment on 7 July 2005, in which it:

instance — the Court

Judges; F.G.

first

1. Dismisses the appeal;

2. Orders Mr Le Pen to pay the costs of these proceedings including

those of the proceedings for interim measures;

3. Orders the French Republic to bear its own costs.

(1) OJ C 275 of 15.11.2003

JUDGMENT OF THE COURT

(Grand Chamber)

of 21 July 2005

JUDGMENT OF THE COURT

(Second Chamber)

of 7 July 2005

in Case C-231/03: Reference for a preliminary ruling from
the Tribunale amministrativo regionale per la Lombardia:
Consorzio Aziende Metano (Coname) v Comune di Cingia
de' Botti (1)

in Case C-208/03 P: Jean-Marie Le Pen v European Parlia-
ment (1)

(Articles 43 EC, 49 EC and 81 EC — Concession for the
management of a public gas-distribution service)

(Appeal — Elections of Members of the European Parliament
— Lack of uniform electoral procedure — Application of
national law — Disqualification of a Member of the Euro-
pean Parliament from holding office following a criminal
conviction — Measure by which the European Parliament
‘takes note’ of that disqualification — Action for annulment
— Act not open to challenge — Inadmissibility)

(2005/C 217/14)

(Language of the case: Italian)

(2005/C 217/13)

(Language of the case: French)

In Case C-208/03 P: appeal under Article 56 of the Statute of
the Court of Justice lodged on 10 May 2003 by Jean-Marie Le

In Case C-231/03: reference for a preliminary ruling under
Article 234 EC from the Tribunale amministrativo regionale
per la Lombardia (Lombardy Regional Administrative Court)
(Italy), made by decision of 14 February 2003, received at the
Court on 28 May 2003,
in the proceedings between
Consorzio Aziende Metano (Coname) and Comune di
intervener: Padania Acque SpA — the
Cingia de' Botti,
Court (Grand Chamber), composed of V. Skouris, President, P.
Jann, C.W.A. Timmermans (Rapporteur), A. Rosas, R. Silva de
Lapuerta and A. Borg Barthet, Presidents of Chambers,