CELEX: C2002/289/41
Language: en
Date: 2002-11-23 00:00:00
Title: Judgment of the Court of First Instance of 11 September 2002 in Case T-70/99: Alpharma Inc. v Council of the European Union (Transfer of resistance to antibiotics from animals to humans — Directive 70/524/EEC — Regulation withdrawing authorisation of an additive in feedingstuffs — Admissibility — Breach of essential procedural requirements — Manifest error of assessment — Precautionary principle — Risk assessment and risk management — Consultation of a scientific committee — Principle of proportionality — Legitimate expectations — Obligation to state reasons — Rights of the defence)

23.11.2002            EN                      Official Journal of the European Communities                                            C 289/21
                                                       COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                              the Court of First Instance (Third Chamber), composed of:
                                                                         J. Azizi, President, K. Lenaerts and M. Jaeger, Judges; F. Erlbach-
                                                                         er, Legal Secretary, for the Registrar, has given a judgment on
                    of 11 September 2002                                 11 September 2002, in which it:
                                                                         1.     Dismisses the application;
in Case T-13/99: Pfizer Animal Health SA v Council of the                2.     Orders Pfizer to bear its own costs and to pay those incurred by
                      European Union ( 1)                                       the Council, including those relating to the proceedings for
                                                                                interim relief;
(Transfer of resistance to antibiotics from animals to humans            3.     Orders the Asociación nacional de productores de ganado
— Directive 70/524/EEC — Regulation concerning the                              porcino, the Asociación española de criadores de vacuno de
withdrawal of the authorisation of an additive in feeding-                      carne, the Fédération européenne de la santé animale and the
stuffs — Admissibility — Article 11 of Directive 70/524/                        Fédération européenne des fabricants d’adjuvants pour la
EEC — Manifest error of assessment — Precautionary                              nutrition animale to bear their own costs and to pay those
principle — Risk assessment and risk management —                               incurred by the Council in respect of their intervention in the
Consultation of a scientific committee — Principle of pro-                      main proceedings and the proceedings for interim relief;
portionality — Legitimate expectations — Obligation to                   4.     Orders the Asociación española de productores de huevos and
   state reasons — Right to property — Misuse of powers)                        the Pig Veterinary Society to bear their own costs and to pay
                                                                                those incurred by the Council in respect of their applications for
                                                                                leave to intervene;
                        (2002/C 289/40)
                                                                         5.     Orders the Commission, the Kingdom of Denmark, the
                                                                                Kingdom of Sweden, the Republic of Finland and the United
                                                                                Kingdom of Great Britain and Northern Ireland to bear their
                  (Language of the case: English)
                                                                                own costs, both in the main proceedings and in the proceedings
                                                                                for interim relief.
                                                                         (1 ) OJ C 86 of 27.3.1999.
In Case T-13/99, Pfizer Animal Health SA, established in
Louvain-la-Neuve (Belgium), represented by I.S. Forrester QC,
M. Powell, Solicitor, E. Wright, Barrister, and W. van Lemberg-
en, lawyer, instructed by S.J. Gale-Batten, Solicitor, with an
address for service in Luxembourg, supported by Asociación                    JUDGMENT OF THE COURT OF FIRST INSTANCE
nacional de productores de ganado porcino (Anprogapor),
established in Madrid, and Asociación española de criadores                                      of 11 September 2002
de vacuno de carne (Asovac), established in Barcelona (Spain),
represented by J. Folguera Crespo, A. Gutiérrez Hernández,               in Case T-70/99: Alpharma Inc. v Council of the European
J. Massaguer Fuentes and E. Navarro Varona, avocats, with                                                Union ( 1)
an address for service in Luxembourg, and by Féderation
européenne de la santé animale (Fedesa), established in Brus-            (Transfer of resistance to antibiotics from animals to humans
sels, and Féderation européenne des fabricants d’adjuvants               — Directive 70/524/EEC — Regulation withdrawing auth-
pour la nutrition animale (Fefana), established in Brussels,             orisation of an additive in feedingstuffs — Admissibility —
represented by D. Waelbroeck and D. Brinckman, avocats,                  Breach of essential procedural requirements — Manifest
with an address for service in Luxembourg, v Council of the              error of assessment — Precautionary principle — Risk
European Union (Agents: J. Carbery, M. Sims and F. P. Ruggeri            assessment and risk management — Consultation of a
Laderchi), supported by Commission of the European Com-                  scientific committee — Principle of proportionality — Legit-
munities (Agents: P. Oliver, T. Christoforou and K. Fitch), by           imate expectations — Obligation to state reasons — Rights
Kingdom of Denmark (Agents: M. J. Molde, Holst-Christensen                                           of the defence)
and S. Ryom), by Kingdom of Sweden (Agents: A. Kruse and
L. Nordling), by Republic of Finland (Agents: H. Rotkirch,                                          (2002/C 289/41)
T. Pynnä and E. Bygglin) and by United Kingdom of Great
Britain and Northern Ireland (Agent: R. Magrill): Application                                 (Language of the case: English)
for annulment of Council Regulation (EC) No 2821/98 of
17 December 1998 amending, as regards withdrawal of the
authorisation of certain antibiotics, Directive 70/524/EEC               In Case T-70/99, Alpharma Inc., established in Fort Lee, New
concerning additives in feedingstuffs (OJ 1998 L 351, p. 4),             Jersey (United States of America), represented by G. Robert,
 ---pagebreak--- C 289/22                 EN                      Official Journal of the European Communities                                       23.11.2002
Solicitor, and B. Van de Walle de Ghelcke, lawyer, with an                  mantopoulos, J. J. Gutiérrez Gisbert and J. Branton, lawyers,
address for service in Luxembourg, v Council of the European                with an address for service in Luxembourg, v Council of the
Union (Agents: J. Carbery, M. Sims and J. Monteiro and                      European Union (Agents: S. Marquardt and G. M. Berrisch),
F. P. Ruggeri Laderchi), supported by Commission of the                     supported by Commission of the European Communities
European Communities (Agents: P. Oliver, T. Christoforou and                (Agents: V. Kreuschitz and S. Meany): Application for annul-
K. Fitch), by Republic of Finland (Agents: H. Rotkirch, T. Pynnä            ment of the second paragraph of Article 3 of Council
and E. Bygglin), by Kingdom of Sweden (Agents: A. Kruse and                 Regulation (EC) No 173/2000 of 24 January 2000 terminating
L. Nordling), and by United Kingdom of Great Britain and                    the anti-dumping proceedings concerning imports of certain
Northern Ireland (Agent: R. Magrill): Application for annul-                large aluminium electrolytic capacitors originating in Japan,
ment of Council Regulation (EC) No 2821/98 of 17 December                   the Republic of Korea and Taiwan (OJ 2000 L 22, p. 1), the
1998 amending, as regards withdrawal of the authorisation of                Court of First Instance (Fourth Chamber, Extended Compo-
certain antibiotics, Directive 70/524/EEC concerning additives              sition), composed of: M. Vilaras, President, V. Tiili, J. Pirrung,
in feedingstuffs (OJ 1998 L 351, p. 4), the Court of First                  P. Mengozzi and A.W.H. Meij, Judges; J. Plingers, Adminis-
Instance (Third Chamber), composed of: J. Azizi, President,                 trator, for the Registrar, has given a judgment on 12 September
K. Lenaerts and M. Jaeger, Judges; F. Erlbacher, Legal Secretary,           2002, in which it has ruled:
for the Registrar, has given a judgment on 11 September
2002, in which it:
                                                                            1.     Dismisses the action;
1.     Dismisses the application;
                                                                            2.     Orders the applicant to bear its own costs and pay those of the
                                                                                   defendant;
2.     Orders Alpharma to bear its own costs and to pay those
       incurred by the Council, including those relating to the
       proceedings for interim relief;                                      3.     Orders the intervener to bear its own costs.
3.     Orders the Commission, the Kingdom of Sweden, the Republic
                                                                            (1 ) OJ C 163 of 10.6.2000.
       of Finland and the United Kingdom of Great Britain and
       Northern Ireland to bear their own costs, both in the main
       proceedings and in the proceedings for interim relief.
( 1) OJ C 174 of 19.6.1999.
                                                                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                   of 12 September 2002
     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                            in Case T-113/00: DuPont Teijin Films Luxembourg SA
                                                                            and Others v Commission of the European Communi-
                       of 12 September 2002                                                                  ties ( 1)
in Case T-89/00: Europe Chemi-Con (Deutschland) GmbH                        (Action for annulment — Generalised Tariff Preference
              v Council of the European Union (1)                           System (GSP) — Refusal of request to open investigation —
                                                                            Challengeable act — Misinterpretation of Regulation (EC)
                                                                                         No 2820/98 — Failure to state reasons)
(Anti-dumping — Termination of proceedings — Principle
of equal treatment — Initial investigation in one procedure
coinciding with a review in another procedure —                                                       (2002/C 289/43)
Article 11(2) of Regulation (EC) No 384/96 — Regulation
    terminating anti-dumping procedures — Retroactivity)
                                                                                                (Language of the case: English)
                           (2002/C 289/42)
                    (Language of the case: English)                         In Case T-113/00, DuPont Teijin Films Luxembourg SA,
                                                                            established in Luxembourg (Luxembourg), Mitsubishi Polyester
                                                                            Film GmbH, established in Wiesbaden (Germany), Toray
                                                                            Plastics Europe SA, established in Saint-Maurice-de-Beynost
In Case T-89/00, Europe Chemi-Con (Deutschland) GmbH,                       (France), represented by I. Forrester QC and J. Killick, Barrister,
established in Nuremberg (Germany), represented by K. Ada-                  with an address for service in Luxembourg, v Commission of