Case T-153/06: Action brought on  13 June 2006  — European Association of Euro-Pharmaceutical Companies v Commission
Date: 2006-07-29
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), competition law, complaint to the Commission, pharmaceutical industry, refusal to sell

C 178/38

EN

Official Journal of the European Union

29.7.2006

Finally, the applicant invokes an infringement of the duty to
state reasons, as well as an infringement of the general prin-
ciple of sound administration in that the duration of the preli-
minary investigation would have been excessive.

parallel trade. The contested decision informs the complainant
that the Greek Competition Authority is dealing with the case
and rejects the complaints pursuant to Article 13 of Council
Regulation No 1/2003 (1).

(1) Council Regulation (EC) No 659/1999 of 22 March 1999 laying
down detailed rules for the application of Article 93 of the EC
Treaty (OJ L 83, p. 1).

Action brought on 13 June 2006 — European Association
of Euro-Pharmaceutical Companies v Commission

(Case T-153/06)

(2006/C 178/68)

Language of the case: English

Parties

In support of its application, the applicant submits that the
Commission has infringed the obligation to give a sufficient
statement of reasons. According to the applicant, a mere refer-
ence to the wording of Article 13 of Regulation No 1/2003 is
not sufficient to allow the complainant to assess whether the
Commission has taken into account all facts and circumstances
and the judiciary to exercise its power of review.

The applicant furthermore submits that the Commission has
infringed Article 211 and 85 EC and Regulation No 1/2003 by
not taking back the responsibility of a case from the Greek
Competition Authority under Article 11(6) of Regulation
1/2003. According to the applicant, the Commission failed to
take into account that the national procedure takes too long to
achieve a sufficient result, that the complaints raised new and
fundamental questions of EC competition law and addressed
problems that exist in more than one Member State, and that
the Commission has to assure the efficient enforcement of EC
competition law.

(1) Council Regulation (EC) No 1/2003 of 16 December 2002 on the
implementation of the rules on competition laid down in Articles
81 and 82 of the Treaty (Text with EEA relevance) (OJ L 1, p. 1).

European Association

Euro-Pharmaceutical
Applicant:
Companies (Brussels, Belgium) (represented by: W. Rehmann,
M. Hartmann-Rüppel, lawyers)

of

Defendant: Commission of the European Communities

Action brought on 5 June 2006 — Italian Republic v
Commission of the European Communities

Form of order sought

— Declare the application for annulment admissible;

— annul Commission Decision D/201953, dated 10 April
2006, rejecting three complaints of EAEPC against GlaxoS-
mithKline for infringement of Article 82 EC;

— order the Commission to pay the costs.

(Case T-154/06)

(2006/C 178/69)

Language of the case: Italian

Pleas in law and main arguments

Parties

The applicant seeks the annulment of the Commission's deci-
sion in cases COMP/38.181, 38.274 and 38.275 — EAEPC/
Glaxo Greece (Imigran, Lamictal, Severent) relating to three
complaints of the applicant arguing that the Greek subsidiary
of GlaxoSmithKline would infringe Article 82 EC by refusing to
supply the three products Imigran, Lamictal and Severent to
Greek pharmaceutical wholesalers and therewith limiting

Applicant: Italian Republic (represented by: P. Gentili, Avvocato
dello Stato)

Defendant: Commission of the European Communities