CELEX: C2002/202/29
Language: en
Date: 2002-08-24 00:00:00
Title: Judgment of the Court of First Instance of 14 May 2002 in Case T-81/00: Associação Comercial de Aveiro v Commission of the European Communities (Social policy — European Social Fund — Application for annulment — Reduction of financial assistance — Statement of reasons — Manifest error of assessment)

24.8.2002               EN                      Official Journal of the European Communities                                            C 202/21
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
                          of 14 May 2002                                                              of 3 July 2002
in Case T-81/00: Associação Comercial de Aveiro                           in Case T-179/00: A. Menarini — Industrie Farmaceutiche
      v Commission of the European Communities (1)                         Riunite Srl v Commission of the European Communi-
                                                                                                           ties (1)
(Social policy — European Social Fund — Application for
annulment — Reduction of financial assistance — State-                     (Council Directive 92/27/EEC — Labelling of a medicinal
       ment of reasons — Manifest error of assessment)                     product — Centralised procedure for the authorisation of
                                                                           medicinal products — Inclusion of the local representative’s
                                                                           logo in the blue box on the outer packaging of a medicinal
                                                                                                          product)
                          (2002/C 202/29)
                                                                                                     (2002/C 202/30)
                  (Language of the case: Portuguese)
                                                                                               (Language of the case: English)
In Case T-81/00, Associação Comercial de Aveiro, established
in Aveiro (Portugal), represented by J. Amaral e Almeida and
B. Diniz de Ayala, lawyers, with an address for service in                 In Case T-179/00, A. Menarini — Industrie Farmaceutiche
Luxembourg, v Commission of the European Communities                       Riunite Srl, established in Florence (Italy), represented by
(Agents: H. Speyart and M. França): Application for annulment              D. Waelbroeck and D. Brinckman, lawyers, with an address
of Commission Decision C(99) 3721 of 30 November 1999                      for service in Luxembourg, supported by European Federation
reducing the European Social Fund assistance granted in the                of Pharmaceutical Industries and Associations, established in
framework of project No 891038/P 3 to Associação Comercial                Brussels (Belgium), represented by D. Anderson QC, J. Strat-
de Aveiro, the Court of First Instance (Fifth Chamber),                    ford, Barrister, I. Dodds-Smith and A. Wearing, Solicitors, with
composed of: J.D. Cooke, President, R. Garcı́a-Valdecasas and              an address for service in Luxembourg, v Commission of the
P. Lindh, Judges; J. Plingers, Administrator, for the Registrar,           European Communities (Agents: R. Wainwright and
has given a judgment on 14 May 2002, in which it has ruled:                H. Støvlbæk): Application for annulment of the Commission’s
                                                                           decision of 17 April 2000 rejecting the request by the applicant
                                                                           to include its logo in the blue box of the packaging of
1.    Annuls Commission Decision C(96) 3721 of 30 November                 OPTRUMA, a pharmaceutical product registered under the
      1999 reducing the European Social Fund assistance granted to         centralised authorisation procedure, the Court of First Instance
      the Associação Comercial de Aveiro in the context of project        (Fourth Chamber), composed of: M. Vilaras, President, V. Tiili
      No 891038/P 3 in so far as it reduces the amount of the              and P. Mengozzi, Judges; B. Pastor, Principal Administrator,
      services invoiced by SI — Sistemas de Informação Lda under          for the Registrar, has given a judgment on 3 July 2002, in
      subheading 14.3.9, hire and rental charges;                          which it:
2.    Dismisses the remainder of the application;                          1.    Annuls the Commission Decision of 17 April 2000 rejecting
                                                                                 the applicant’s request to include its logo in the blue box of the
                                                                                 packaging of OPTRUMA, a pharmaceutical product registered
3.    Orders the Commission to bear its own costs and to pay one                 under the centralised authorisation procedure;
      third of those incurred by the applicant;
                                                                           2.    Orders the defendant to bear its own costs and to pay those of
4.    Orders the applicant to bear two thirds of its own costs.                  the applicant and of the intervener.
(1) OJ C 176 of 24.6.2000.                                                 (1) OJ C 285 of 7.10.2000.