CELEX: C2000/192/49
Language: en
Date: 2000-07-08 00:00:00
Title: Case T-132/00: Action brought on 17 May 2000 by Gerot Pharmazeutika GmbH against the Commission of the European Communities

C 192/26              EN                     Official Journal of the European Communities                                          8.7.2000
Product or Service:           Products in Class 3 of the Nice           Pleas in law and main arguments
                              Agreement (in particular, washing
                              and bleaching preparations for            — Adipex Retard capsules are placed on the market solely on
                              laundry use; cleaning prep-                    the basis of a national Austrian authorisation, for the
                              arations, preparations for the                 grant of which the mutual recognition procedure under
                              washing of dishes, soaps, per-                 Chapter III of Directive 75/319 (1) was not applied. The
                              fumery, essential oils, cosmetics,             defendant was therefore not competent to adopt the
                              hair lotions, dentifrices)                     contested decision.
Contested        decision    Refusal of registration by the             — The Commission wrongly based its decision on Article 15a
before the Board of           examiner                                       of Directive 75/319 and the criteria in Article 5 of Directive
Appeal:                                                                      65/65 (2). In fact only Article 11 of Directive 65/65/EEC is
                                                                             material, however.
Grounds for appeal:          Infringement of Article 7(1)(b) of
                              Regulation 40/94.                         — The conditions for withdrawal of authorisation are not
                                                                             satisfied. It has not been sufficiently established either that
                                                                             phentermin is harmful or that it lacks therapeutic effect if
                                                                             correctly used.
                                                                        (1) Second Council Directive 75/319/EEC of 20 May 1975 on the
                                                                            approximation of provisions laid down by law, regulation or
                                                                            administrative action relating to proprietary medicinal products
                                                                            (OJ 1975 L 147, p. 13).
                                                                        (2) Council Directive 65/65/EEC of 26 January 1965 on the approxi-
Action brought on 17 May 2000 by Gerot Pharmazeutika                        mation of provisions laid down by law, regulation or administrat-
GmbH against the Commission of the European Com-                            ive action relating to proprietary medicinal products (OJ, English
                           munities                                         Special Edition 1965-1966, p. 20).
                        (Case T-132/00)
                       (2000/C 192/49)
                 (Language of the case: German)                         Action brought on 22 May 2000 by Cambridge Healthcare
                                                                        Supplies Limited against the Commission of the European
                                                                                                    Communities
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 17 May 2000 by Gerot Pharmazeu-                                            (Case T-137/00)
tika GmbH, of Vienna, represented by Dr Karl Grigkar,
Rechtsanwalt, Vienna.                                                                              (2000/C 192/50)
The applicant claims that the Court should:
                                                                                             (Language of the case: English)
— annul Commission Decision K (2000) 452 of 9 March
    2000 on withdrawal of authorisation of medicinal prod-              An action against the Commission of the European Communi-
    ucts for human use which contain the substance phen-                ties was brought before the Court of First Instance of the
    termin, in particular with respect to the medicinal product         European Communities on 22 May 2000 by Cambridge
    Adipex Retard capsules authorised for the applicant; in             Healthcare Supplies Limited, represented by David Vaughan,
    eventu                                                              Q.C., Kelyn Bacon, Barrister, and Simon Davis, Solicitor,
                                                                        Clifford Chance, London.
— annul the Commission’s decision in so far as Article 1 in
    conjunction with Annex I thereof requires the Member                The applicant claims that the Court should:
    State Austria to withdraw the authorisation for the appli-
    cant’s medicinal product containing phentermin, namely              — annul Commission Decision C(2000)452, of 9 March
    Adipex Retard capsules;                                                  2000;
— order the Commission to pay the applicant’s costs.                    — order the Commission to pay the applicant’s costs.