CELEX: C2000/285/22
Language: en
Date: 2000-10-07 00:00:00
Title: Case T-175/00: Action brought on 29 June 2000 by Anthony Goldstein against the Commission of the European Communities

7.10.2000               EN                      Official Journal of the European Communities                                        C 285/11
The applicant asserts, first of all, that the two directives referred      In August 1993 the applicant, a Community Medical Specialist
to above infringed the principle of the protection of legitimate           in Rheumatology submitted to the Commission under
expectations. It was legitimately entitled to expect, first, that          Article 3(2) of Council regulation No. 17 an application for a
the prohibition of the hormones at issue was merely a                      finding that the GMC had infringed Articles 85 and 86 of the
temporary measure which was to apply pending the pro-                      EEC Treaty.
duction of an appropriate scientific assessment of the question
whether or not they presented a danger to human health and,
                                                                           The grounds and main arguments are similar to those invoked
second, that the scope of the derogations provided for in
                                                                           in case T-286/97 Goldstein/Commission (1). According to the
Directive 88/146 would be gradually extended to cover the
                                                                           applicant, the conditions laid down in Article 232 EC are
categories of animals which it proposed to import from the
                                                                           satisfied because 80 months have elapsed since it submitted,
United States into the Community.
                                                                           on 20 September 1995, his observations on the Commission’s
                                                                           letter of 9 February 1995 under Article 6 of Council Regulation
The applicant also pleads infringement of the WTO agree-                   No 99/63.
ments. It states in that regard that the European Union has
been censured by the dispute-settlement body of the WTO for
having enacted Directives 81/602, 88/146 and 96/22, on                     (1) OJ EC C 7, of 10.1.1998, p. 25.
account of infringement of the SPS agreement.
(1) OJ L 70 of 16.3.1988, p. 16.
(2) OJ, English Special Edition 1972 (31 December) JO L 302, p. 7.
(3) OJ L 125 of 23.5.1996, p. 3.
                                                                           Action brought on 29 June 2000 by Cargill BV against the
                                                                                    Commission of the European Communities
                                                                                                    (Case T-176/00)
Action brought on 29 June 2000 by Anthony Goldstein
  against the Commission of the European Communities                                                (2000/C 285/23)
                          (Case T-175/00)
                                                                                               (Language of the case: Dutch)
                          (2000/C 285/22)
                                                                           An action against the Commission of the European Communi-
                                                                           ties was brought before the Court of First Instance of the
                                                                           European Communities on 29 June 2000 by Cargill BV, a
                   (Language of the case: English)                         company incorporated under Netherlands law, established in
                                                                           Amsterdam, represented by H.J. Bronkhorst and L.H. van
An action against the Commission of the European Communi-                  Lennep, of the Brussels Bar, with an address for service in
ties was brought before the Court of First Instance of the                 Luxembourg at the Chambers of M. Loesch, 4 Rue Carlo
European Communities on 29 June 2000 by Anthony Gold-                      Hemmer.
stein, represented by Raymond St John Murphy, Solicitor,
Merriman White, London.
                                                                           The applicant claims that the Court should:
The applicant claims that the Court should:                                —     annul the decision of 24 February 2000 addressed to it
                                                                                 by the Commission of the European Communities, in so
—     declare in accordance with Article 232 EC that the                         far as Article 1(2) of that decision is concerned;
      Commission has failed to act by not having delivered a
      decision on the applicant’s complaint lodged with the                —     order the European Commission to pay the costs.
      Commission on 10 August 1993;
—     order the defendant to pay the costs.                                Pleas in law and main arguments
Pleas in law and main arguments                                            In Article 1(2) of the contested decision, the Commission
                                                                           found that remission of import duties in respect of a specific
                                                                           sum was not justified.
The applicant challenges the inaction of the Commission in
relation to one complaint, focused on the alleged anti-
competitive practices on the part of the General Medical                   The applicant’s claim is based on the following grounds:
Council (GMC), a statutory body which regulates the medical
profession in the territory of the United Kingdom.                         (a)   violation of the rights of the defence: