CELEX: C2001/095/14
Language: en
Date: 2001-03-24 00:00:00
Title: Judgment of the Court of First Instance of 8 November 2000 in Case T-175/97: Bernard Beyt and Others v Commission of the European Communities (Officials — Temporary agents — Remuneration — Posting in a third country — Adjustment of weightings — Retroactive effect — Recovery of overpayment)

C 95/8                   EN                       Official Journal of the European Communities                                         24.3.2001
                                                            COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
                        of 26 October 2000
                                                                                                    of 8 November 2000
in Case T-41/96: Bayer AG v Commission of the European
                           Communities (1)                                   in Case T-175/97: Bernard Beyt and Others v Commission
                                                                                            of the European Communities (1)
(Competition — Parallel imports — Article 85(1) of the EC
Treaty (now Article 81(1) EC) — Meaning of ‘agreement
between undertakings’ — Proof of the existence of an                         (Officials — Temporary agents — Remuneration — Posting
      agreement — Market in pharmaceutical products)                         in a third country — Adjustment of weightings — Retro-
                                                                                        active effect — Recovery of overpayment)
                           (2001/C 95/13)
                                                                                                       (2001/C 95/14)
                    (Language of the case: German)
In Case T-41/96: Bayer AG,established in Leverkusen (Ger-                                        (Language of the case: French)
many), represented by J. Sedemund, Rechtsanwalt, Cologne,
with an address for service in Luxembourg at the Chambers of
A. May, 398 Route d’Esch, supported by European Federation
                                                                             In Case T-175/97: Bernard Bareyt, Ivone Benfatto, Denis
of Pharmaceutical Industries’ Associations, established in Gene-
                                                                             Bessette, Pier Luigi Bruzzone, Giuliano Dalle Carbonare, Enrico
va (Switzerland), represented initially by C. Walker, Solicitor,
                                                                             Di Pietro, Barry John Green, Remmelt Haange, Ronald Hems-
and subsequently by T. Woodgate, Solicitor, with an address
                                                                             worth, Michel Huguet, Marcus Iseli, Neil Mitchell, Pier Luigi
for service in Luxembourg at the Chambers of A. May,
                                                                             Mondino, Alfredo Portone, Carlo Sborchia, Alessandro Tesini,
398 Route d’Esch, against Commission of the European
                                                                             Mike Michael Wykes, temporary agents of the Commission of
Communities (Agents: W. Wils and K. Wiedner) supported by
                                                                             the European Communities, all residing in Naka (Japan), and
Bundesverband der Arzneimittel-Importeure eV, established in
                                                                             Michel Dupon, temporary agent of the Commission of the
Mülheim an der Ruhr (Germany), represented by
                                                                             European Communities, residing in Tokyo (Japan), represented
W.A. Rehmann and U. Zinsmeister, of the Brussels Bar, with
                                                                             by Nicolas Lhoëst, of the Brussels Bar, with an address for
an address for service in Luxembourg at the Chambers of Bonn
                                                                             service in Luxembourg at Fiduciaire Becker and Cahen, 3 Rue
and Schmitt, 62 Avenue Guillaume — application for the
                                                                             des Foyers, against the Commission of the European Com-
annulment of Commission Decision 96/478/EC of 10 January
                                                                             munities (Agents: G. Valsesia and F. Clotuche-Duvieusart),
1996 relating to a proceeding under Article 85 of the EC
                                                                             supported by Council of the European Union (Agents:
Treaty (Case IV/34.279/F3 — Adalat) (OJ 1996 L 201, p. 1)
                                                                             P.M. Cossu and T. Blanchet) — application for annulment of
— the Court of First Instance (Fifth Chamber, Extended
                                                                             all the salary slips of the applicants from May 1996 and for an
Composition), composed of: J.D. Cooke, President, R. Garcı́a-
                                                                             order requiring the Commission to repay to the applicants the
Valdecasas, P. Lindh, J. Pirrung and M. Vilaras, Judges; J. Palacio
                                                                             amounts withheld from their salary with effect from June
González, Administrator, for the Registrar, has given a judg-
                                                                             1996 by way of recovery of amounts overpaid and to pay
ment on 26 October 2000, in which it:
                                                                             them the amounts by which their salaries had been reduced as
                                                                             from May 1996 - the Court of First Instance (Second Chamber),
1.    Annuls Commission Decision 96/478/EC of 10 January                     composed of J. Pirrung, President, J. Azizi and A. Potocki,
      1996 relating to a proceeding under Article 85 of the EC               Judges; G. Herzig, administrator, for the Registrar, gave a
      Treaty (Case IV/34.279/F3 — Adalat);                                   judgment on 8 November 2000, in which it:
2.    Orders the Commission to bear its own costs and to pay the
      costs incurred by the applicant, including those incurred by the       1.    dismisses the application;
      latter in the proceedings for interim relief;
3.    Orders the European Federation of Pharmaceutical Industries’           2.    orders each of the parties to bear their own costs.
      Associations and the Bundesverband der Arzneimittel-Impor-
      teure eV to bear their own costs.
                                                                             (1) OJ No C 358 of 21.11.98.
(1) OJ C 145 of 18.5.96.