CELEX: C2004/071/39
Language: en
Date: 2004-03-20 00:00:00
Title: Judgment of the Court of First Instance of 18 December 2003 in Case T-326/99: Nancy Fern Olivieri v Commission of the European Communities and European Agency for the Evaluation of Medicinal Products (Medicinal product — Marketing authorisation — Opinion of the European Agency for the Evaluation of Medicinal Products — Admissibility — Interest in bringing proceedings — Public health — Verification of reported data — Review of scientific evaluations — Professional reputation)

C 71/22                EN                          Official Journal of the European Union                                           20.3.2004
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                 of 18 December 2003
                      of 17 December 2003
                                                                           in Case T-326/99: Nancy Fern Olivieri v Commission of
in Case T-219/99: British Airways plc v Commission of                      the European Communities and European Agency for the
                 the European Communities (1)                                            Evaluation of Medicinal Products (1)
                                                                           (Medicinal product — Marketing authorisation — Opinion
(Competition — Abuse of a dominant position — Com-
                                                                           of the European Agency for the Evaluation of Medicinal
petence of the Commission Discrimination between airlines
                                                                           Products — Admissibility — Interest in bringing proceedings
— Relevant product and geographic market — Nexus
                                                                           — Public health — Verification of reported data — Review
between the product markets allegedly affected — Legal
                                                                                of scientific evaluations — Professional reputation)
basis of the contested decision — Existence of a dominant
position — Abuse of the dominant position — Pro-
             portionality of the amount of the fine)
                                                                                                     (2004/C 71/39)
                          (2004/C 71/38)                                                      (Language of the case: English)
                   (Language of the case: English)
                                                                           In Case T-326/99, Nancy Fern Olivieri, resident in Toronto
                                                                           (Canada), represented by N. Green QC and J. Marks, barrister,
                                                                           and R. Stein, solicitor, with an address for service in Luxem-
                                                                           bourg, v Commission of the European Communities and
                                                                           European Agency for the Evaluation of Medicinal Products
In Case T-219/99, British Airways plc, established in Waterside
                                                                           (Agents: R. Wainwright and H. C. Støvlbæk), supported by
(United Kingdom), represented by W. Allan and O. Black,
                                                                           Apotex Europe Ltd, established in Leeds (United Kingdom),
solicitors, W. Wood and H. Davies, barristers, with an address
                                                                           represented by P. Bogaert, G. Berrisch, lawyers: Application
for service in Luxembourg, v Commission of the European
                                                                           for annulment of the Commission Decision of 25 August
Communities (Agents: M. Erhart and A. Barav), supported by
                                                                           1999 granting marketing authorisation for the medicinal
Virgin Atlantic Airways Ltd, established in Crawley (United
                                                                           product for human use known as Ferriprox-Deferiprone
Kingdom), represented by P. Binetter, solicitor, N. Green and
                                                                           [C(1999) 2820] and of the revised Opinion of the European
C. West, barristers: Application for the annulment under
                                                                           Agency for the Evaluation of Medicinal Products of 23 June
Article 230 EC of Commission Decision 2000/74/EC of
                                                                           1999, the Court of First Instance (Fifth Chamber), composed
14 July 1999 relating to a proceeding under Article 82 of the
                                                                           of: R. García-Valdecasas, President, P. Lindh and J.D. Cooke,
EC Treaty (IV/D-2/34.780 Virgin/British Airways) (OJ 2000
                                                                           Judges; J. Plingers, Administrator, for the Registrar, has given a
L 30, p. 1), the Court of First Instance (First Chamber),
                                                                           judgment on 18 December 2003, in which it:
composed of: B. Vesterdorf, President, M. Jaeger and H. Legal,
Judges; J. Palacio González, Principal Administrator, for the
Registrar, has given a judgment on 17 December 2003, in
which it:                                                                  1.    Dismisses the application as inadmissible;
                                                                           2.    Orders the applicant to bear her own costs and to pay those
1.    Dismisses the application;                                                 incurred by the Commission and the European Agency for the
                                                                                 Evaluation of Medicinal Products, including those relating to
                                                                                 the interim proceedings;
2.    Orders the applicant to bear its own costs and to pay those
      incurred by the Commission and by the intervener.                    3.    Orders the intervener to bear its own costs, both in the main
                                                                                 proceedings and in the interim proceedings.
(1) OJ C 20 of 22.1.2000.
                                                                           (1) OJ C 47 of 19.2.2000.