Case T-24/09: Action brought on 21 January 2009 — Biocaps v Commission
Date: 2009-01-21
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), biology, health care, pharmacist, research body, services contract

C 55/50

EN

Official Journal of the European Union

7.3.2009

— infringement of Article 20(4) of Regulation No 1/2003,
inasmuch as neither the applicants, nor the Ordre National
des Pharmaciens (i) are undertakings, since they do not
carry out any economic activity, or (ii) could be categorised
as associations of undertakings since they group together a
body of members who do not all carry out an economic
activity, and they do not satisfy the circumstantial require-
ments for identifying an association of undertakings, set out
by the Court, in the case of professional associations respon-
sible for public tasks.

That conduct took the form in particular of decisions aimed at
preventing pharmacists and/or legal persons from gaining access
to the market in bio-medical analysis services, to restrict their
activities on that market, or to exclude them from that market.

In support of its action, the applicant puts forward a single plea
in law alleging breach of the principle that the decisions of the
Community institutions must be addressed to entities having
legal personality, as the addressee of the contested decision no
longer existed on the date when the decision was adopted.

(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 (OJ 2003 L 1, p. 1).

(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 (OJ 2003 L 1, p. 1).

Action brought on 21 January 2009 — Biocaps v
Commission

Order of the Court of First Instance of 17 December 2008
— Groupe Perry et Isibiris v Commission

(Case T-24/09)

(2009/C 55/89)

Language of the case: French

(Case T-132/98) (1)

(2009/C 55/90)

Language of the case: French

Parties

The President of the Sixth Chamber has ordered that the case be
removed from the register.

Applicant: Biocaps (Orsay, France) (represented by: Y.-R. Guillou,
H. Speyart and T. Verstraeten, lawyers)

Defendant: Commission of the European Communities

(1) OJ C 312, 10.10.1998.

Forms of order sought

— annul the constested decision; and

— order the Commission to bear its own costs and to pay

those of the applicant.

Pleas in law and main arguments

The applicant, a legal entity responsible for running the Labora-
toire Champagnat Desmoulins Philippakis, seeks the annulment
of Commission Decision C(2008) 6524 of 29 October 2008 in
which the Commission, pursuant to Article 20(4) of Regulation
No 1/2003 (1), ordered that laboratory, and all of the entities
controlled directly or indirectly by it, to submit to an inspection
concerning their possible participation in and/or implementa-
tion of agreements or concerted practices contrary to the provi-
sions of Articles 81 EC and/or 82 EC.

Order of the Court of First Instance of 18 December 2008
— Fédération nationale du Crédit agricole v Commission

(Case T-98/06) (1)

(2009/C 55/91)

Language of the case: French

The President of the Fourth Chamber has ordered that the case
be removed from the register.

(1) OJ C 131, 3.6.2006.