CELEX: C2000/047/46
Language: en
Date: 2000-02-19 00:00:00
Title: Judgment of the Court of First Instance of 1 December 1999 in Joined Cases T-125/96 and T-152/96: Boehringer Ingelheim Vetmedica GmbH and C.H. Boehringer Sohn v Council of the European Union and C.H. Boehringer Sohn v Commission of the European Communities (Directive prohibiting the use of beta-agonists in stockfarming — Regulation limiting the validity of maximum residue limits of veterinary medicinal products to certain therapeutic purposes — Action for annulment — Admissibility — Principle of proportionality)

19.2.2000             EN                       Official Journal of the European Communities                                       C 47/27
                                                         COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                   JUDGMENT OF THE COURT OF FIRST INSTANCE
                     of 13 December 1999                                                       of 1 December 1999
in Joined Cases T-189/95, T-39/96 and T-123/96: Service                   in Joined Cases T-125/96 and T-152/96: Boehringer Ingel-
pour le Groupement d’Acquisitions (SGA) v Commission                      heim Vetmedica GmbH and C.H. Boehringer Sohn v
              of the European Communities (1)                             Council of the European Union and C.H. Boehringer Sohn
                                                                                v Commission of the European Communities (1)
(Competition — Distribution of motor vehicles — Examin-
ation of complaints — Action for a declaration of failure to              (Directive prohibiting the use of beta-agonists in stockfarm-
          act, for annulment and for compensation)                        ing — Regulation limiting the validity of maximum residue
                                                                          limits of veterinary medicinal products to certain therapeutic
                                                                          purposes — Action for annulment — Admissibility —
                         (2000/C 47/45)                                                    Principle of proportionality)
                                                                                                  (2000/C 47/46)
                   (Language of the case: French)
In Joined Cases T-189/95, T-39/96 and T-123/96: Service                                     (Language of the case: English)
pour le Groupement d’Acquisitions (SGA), established at Istres
(France), represented by Jean-Claude Fourgoux, of the Paris
Bar, with an address for service in Luxembourg at the                     In Joined Cases T-125/96: Boehringer Ingelheim Vetmedica
Chambers of Pierrot Schiltz, 4 Rue Béatrix de Bourbon, v                  GmbH and C.H. Boehringer Sohn, established in Ingelheim am
Commission of the European Communities (Agents: initially,                Rhein, Germany, represented by Denis Waelbroeck and Denis
Giuliano Marenco and Guy Charrier, and subsequently Mr                    Fosselard, of the Brussels Bar, with an address for service in
Marenco and Loïc Guérin) — applications for annulment of the              Luxembourg at the Chambers of Ernest Arendt, 8-10 Rue
Commission’s decision of 5 June 1996 rejecting a complaint by             Mathias Hardt, supported by Fédération Européenne de la
the applicant based on Article 85 of the EC Treaty (now                   Santé Animale (Fedesa), an association incorporated under
Article 81 EC), for annulment of an alleged implicit decision             Belgian law, established in Brussels, represented by Alexandre
of the Commission refusing to adopt provisional measures                  Vandencasteele, of the Brussels Bar, with an address for service
pursuant to that complaint, and for compensation for loss and             in Luxembourg at the Chambers of Ernest Arendt, 8-10 Rue
damage — the Court of First Instance (First Chamber),                     Mathias Hardt, and by the United Kingdom of Great Britain
composed of: B. Vesterdorf, President, and J. Pirrung and                 and Northern Ireland (Agents: Lindsey Nicoll and David Lloyd
M. Vilaras, Judges; A. Mair, Administrator, for the Registrar,            Jones) v Council of the European Union (Agents: Moyra
has given a judgment on 13 December 1999, in which it:                    Sims-Robertson and Ignacio Dı́ez Parra), supported by Stich-
                                                                          ting Kwaliteitsgarantie Vleeskalverensector (SKV), a foundation
                                                                          incorporated under Netherlands law, established in The Hague,
1. Dismisses the actions.                                                 represented by Gerard van der Wal, advocate before the Hoge
                                                                          Raad der Nederlanden, and Laura Paret, of the Brussels Bar,
                                                                          with an address for service in Luxembourg at the Chambers of
2. Orders the applicant to pay the costs relating to Cases T-189/95       Aloyse May, 31 Grand-Rue and Commission of the European
     and T-123/96.                                                        Communities (Agent: Xavier Lewis) — application for the
                                                                          partial annulment of Council Directive 96/22/EC of 29 April
                                                                          1996 concerning the prohibition on the use in stockfarming
3. Orders the parties to bear their own costs in Case T-39/96.            of certain substances having a hormonal or thyrostatic action
                                                                          and of beta-agonists, and repealing Directives 81/602/EEC,
                                                                          88/146/EEC and 88/299/EEC (OJ 1996 L 125, p. 3) together
                                                                          with a claim for compensation, and T-152/96: Boehringer
(1) OJ C 333 of 9.12.1995, OJ C 145 of 18.5.1996 and OJ C 318 of          Ingelheim Vetmedica GmbH and C.H. Boehringer Sohn, sup-
    26.10.1996.                                                           ported by Fedesa v Commission of the European Communities,
                                                                          supported by SKV and Council of the European Union
                                                                          — Application for the partial annulment of Commission
                                                                          Regulation (EC) No 1312/96 of 8 July 1996 amending Annex
                                                                          III of Council Regulation (EEC) No 2377/90 laying down a
                                                                          Community procedure for the establishment of maximum
 ---pagebreak--- C 47/28                  EN                      Official Journal of the European Communities                                       19.2.2000
residue limits of veterinary medicinal products in foodstuffs of            Commission of the European Communities (Agents: Klaus
animal origin (OJ 1996 L 170, p. 8) — the Court of                          Wiedner and Stephen Kinsella), supported by Republic of
First Instance (Second Chamber), composed of: A. Potocki,                   Finland (Agents: Tuula Pynnä and David Vaughan QC) and
President, and C.W. Bellamy and A.W.H. Meij, Judges; B. Pas-                French Republic (Agents: Jean-François Dobelle, Frédérik Milli-
tor, Principal Administrator, for the Registrar, has given a                on and Kareen Rispal-Bellanger) — application for annulment
judgment on 1 December 1999, the operative part of which is                 of Commission Decision 97/277/EC of 20 November 1996
as follows:                                                                 declaring a concentration to be incompatible with the common
                                                                            market (Case No IV/M.784 — Kesko/Tuko) (OJ 1997 L 110,
1. Cases T-125/96 and T-152/96 are joined for the purposes of               p. 53) — the Court of First Instance (Second Chamber,
     this judgment.                                                         Extended Composition), composed of: A. Potocki, President,
                                                                            K. Lenaerts, C.W. Bellamy, J. Azizi and A.W.H. Meij, Judges;
2. Commission Regulation (EC) No 1312/96 of 8 July 1996                     A. Mair, Administrator, for the Registrar, has given a judgment
     amending Annex III of Council Regulation (EEC) No 2377/90              on 15 December 1999, in which it:
     laying down a Community procedure for the establishment of
     maximum residue limits of veterinary medicinal products in             1. Dismisses the action;
     foodstuffs of animal origin is annulled, in so far as it restricts the
     validity of the MRLs which it establishes for clenbuterol to certain   2. Orders the applicant to bear its own costs and to pay the costs of
     specified therapeutic indications for bovines and equines.                  the Commission;
3. For the rest, the applications are dismissed.                            3. Orders the Republic of Finland and the French Republic to bear
                                                                                 their own costs.
4. In Case T-125/96, the applicants and Fédération Européenne de
     la Santé Animale (Fedesa), as regards its intervention, are ordered
     to bear their own costs and those of the Council. The United           (1) OJ No C 131 of 26.4.97.
     Kingdom, the Commission and Stichting Kwaliteitsgarantie
     Vleeskalverensector (SKV) are ordered to bear their own costs.
5. In Case T-152/96, the Commission is ordered to bear its own
     costs and to pay one-half of the costs of the applicants and
     Fedesa, the other half to be borne by them. The Council and SKV
     are ordered to bear their own costs.
                                                                                JUDGMENT OF THE COURT OF FIRST INSTANCE
(1) OJ No C 318 of 26.10.1996 and C 354 of 23.11.1996.
                                                                                                  of 15 December 1999
                                                                            in Joined Cases T-33/98 and T-34/98: Petrotub SA and
                                                                                 Republica SA v Council of the European Union (1)
                                                                            (Anti-dumping duties — Seamless pipes and tubes of iron or
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                 non-alloy steel — Europe agreement with Romania —
                                                                            Normal value — Dumping margin — Injury — Procedural
                                                                                                    rights of exporters)
                       of 15 December 1999
                                                                                                      (2000/C 47/48)
in Case T-22/97: Kesko Oy v Commission of the European
                           Communities (1)
                                                                                                (Language of the case: English)
(Control of concentrations — Action for annulment —
Admissibility — Object of the proceedings — Competence
of the Commission under Article 22(3) of Regulation (EEC)                   In Joined Cases T-33/98 and T-34/98: Petrotub SA, established
No 4064/89 — Effect on trade between Member States —                        in Roman, Romania, and Republica SA, a company incorpor-
                  Creation of a dominant position)                          ated under Romanian law, established in Bucharest, Romania,
                                                                            represented by Alfred L. Merckx, of the Brussels Bar, with an
                                                                            address for service in Luxembourg at the Chambers of Duro &
                            (2000/C 47/47)                                  Lorang, 4 Boulevard Royal, against Council of the European
                                                                            Union (Agents: Stephan Marquardt, Hans-Jürgen Rabe and
                                                                            Georg M. Berrisch), supported by Commission of the European
                     (Language of the case: English)                        Communities (Agents: Nicholas Khan and Viktor Kreuschitz)
                                                                            — application for the annulment of Council Regulation
In Case T-22/97: Kesko Oy, established in Helsinki, represented             (EC) No 2320/97 of 17 November 1997 imposing definitive
by Gerwin van Gerven, of the Brussels Bar, and Sarah Beeston,               anti-dumping duties on imports of certain seamless pipes and
Solicitor, with an address for service in Luxembourg at the                 tubes of iron or non-alloy steel originating in Hungary, Poland,
Chambers of Loesch & Wolter, 11 Rue Goethe, against                         Russia, the Czech Republic, Romania and the Slovak Republic,