Case T-273/03: Judgment of the Court of First Instance (Fifth Chamber) of  31 January 2006  — Merck Sharp & Dohme and Others v Commission (Medicinal products for human use — Marketing authorisation for products containing the substance enalapril — Commission decision ordering amendment of the summary of the product's characteristics — Competence)
Date: 2006-04-08
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), approximation of laws, market approval, medicinal product, pharmaceutical industry

8.4.2006

EN

Official Journal of the European Union

C 86/25

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2003) 1404 of 22 April 2003
ordering suspension of the marketing authorisations of veterinary
medicinal products containing benzathine benzylpenicillin intended
to be administered by intramuscular and/or subcutaneous means
to food-producing animals;

2. Orders the Commission to bear its own costs and those incurred

by the applicants;

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

(1) OJ C 239, 4.10.2003.

Judgment of the Court of First Instance (Fifth Chamber) of
31 January 2006 — Merck Sharp & Dohme and Others v
Commission

(Case T-273/03) (1)

(Medicinal products for human use — Marketing authorisa-
tion for products containing the substance enalapril —
Commission decision ordering amendment of the summary of
the product's characteristics — Competence)

(2006/C 86/48)

Language of the case: English

1. Annuls Commission Decision C(2003) 1752 of 21 May 2003
on the marketing of medicinal products for human use containing
the substance enalapril;

2. Orders the Commission to pay the costs.

(1) OJ C 251, 18.10.2003.

Judgment of the Court of First Instance of 31 January
2006 — Giulietti v Commission

(Case T-293/03) (1)

(Officials — Open competition — Exclusion from the compe-
tition — Illegality of the competition notice — Inadmissi-
bility — Professional experience — Full-time activity)

(2006/C 86/49)

Language of the case: French

Parties

Applicant: Carla Giulietti (Brussels, Belgium) (represented by: P.-
P. Van Gehuchten, J. Sambon and P.Reyniers, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: G. Berscheid and C. Berardis-Kayser, Agents)

Parties

Application for

Applicant(s): Merck Sharp & Dohme Ltd (Hoddesdon, United
Kingdom), Merck Sharp & Dohme BV (Haarlem, Netherlands),
Laboratoires Merck Sharp & Dohme-Chibret
(Paris, France),
MSD Sharp & Dohme GmbH (Haar, Germany), Merck Sharp &
Dohme (Italia) SpA (Rome, Italy), Merck Sharp & Dohme, Lda
(Paço de Arcos, Portugal), Merck Sharp & Dohme de España,
SA (Madrid, Spain), Merck Sharp & Dohme GmbH (Vienna,
Austria), Vianex SA (Nea Erythrea, Greece), (represented by: G.
Berrisch and P. Bogaert, lawyers)

Annulment, firstly, of the decision of the selection board for
competition COM/A/6/01 to exclude the applicant from that
competition on the ground of lack of professional experience,
communicated by letter of 16 October 2002; secondly, of the
confirmatory decision of that selection board,
following an
application for reconsideration submitted by the applicant,
communicated by letter of 21 November 2002, and, thirdly, of
the express decision rejecting the complaint of 11 June 2003.

Defendant: Commission of the European Communities (repre-
sented by: L. Flynn and B. Stromsky, Agents)

Operative part of the judgment

Action for

annulment of Commission Decision C(2003) 1752 of 21 May
2003 on the marketing of medicinal products for human use
containing the substance enalapril

Operative part of the judgment

The Court:

The Court:

1. Dismisses the action.

2. Orders each party to bear its own costs.

(1) OJ C 251, 18.10.2003