CELEX: C2003/083/43
Language: en
Date: 2003-04-05 00:00:00
Title: Judgment of the Court of First Instance of 28 January 2003 in Case T-147/00: Les Laboratoires Servier v Commission of the European Communities (Medicinal products for human use — Community arbitration procedures — Withdrawal of marketing authorisations — Competence — Serotonergic anorectics: dexfenfluramine, fenfluramine — Directives 65/65/EEC and 75/319/EEC)

C 83/18                  EN                          Official Journal of the European Union                                         5.4.2003
                                                          COURT OF FIRST INSTANCE
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
                         of 16 January 2003                                                          of 28 January 2003
in Case T-75/00: Augusto Fichtner v Commission of the                        in Case T-147/00: Les Laboratoires Servier v Commission
                    European Communities ( 1)                                                of the European Communities ( 1)
                                                                             (Medicinal products for human use — Community arbi-
(Officials — Disciplinary measures — Removal from post                       tration procedures — Withdrawal of marketing authoris-
— Engagement in outside activities without prior authoris-
                                                                             ations — Competence — Serotonergic anorectics: dexfenflur-
                                 ation)                                      amine, fenfluramine — Directives 65/65/EEC and 75/319/
                                                                                                             EEC)
                           (2003/C 83/42)
                                                                                                       (2003/C 83/43)
                     (Language of the case: Italian)
                                                                                                 (Language of the case: English)
In Case T-75/00: Augusto Fichtner, a former official of
the Commission of the European Communities, residing in                      In Case T-147/00, Les Laboratoires Servier, established in
Besozzo (Italy), represented initially by V. Salvatore, avvocato,            Neuilly-sur-Seine (France), represented by C. Norall, E. Wright,
and subsequently by V. La Russa, avvocato, against Com-                      M.I.F. Utgès Manley, I.S. Forrester QC and J. Killick, lawyers,
mission of the European Communities (Agents: J. Currall and                  with an address for service in Luxembourg, v Commission
A. Dal Ferro) — application, first, for annulment of the                     of the European Communities (Agents: H. Støvlbæk and
Commission decision imposing on the applicant the disciplin-                 R. Wainwright): Application for annulment of the Commission
ary measure of removal from his post, with maintenance of                    decision of 9 March 2000 concerning the withdrawal of
retirement pension rights, on the ground that he had engaged                 marketing authorisations of medicinal products for human use
in outside activities without prior authorisation, and, second,              which contain the [following] substances: ‘dexfenfluramine’
for payment of compensation — the Court of First Instance                    and ‘fenfluramine’ (C(2000) 573), the Court of First Instance
(Fourth Chamber), composed of: M. Vilaras, President, P. Men-                (Second Chamber, Extended Composition), composed of:
gozzi and A.W.H. Meij, Judges; J. Palacio González, Principal                R.M. Moura Ramos, President, V. Tiili, J. Pirrung, P. Mengozzi
Administrator, for the Registrar, has given a judgment on                    and A.W.H. Meij, Judges; D. Christensen, Administrator, for
16 January 2003, the operative part of which is as follows:                  the Registrar, has given a judgment on 28 January 2003, in
                                                                             which it:
1.     The application is dismissed;
                                                                             1.     Annuls the Commission Decision of 9 March 2000 (C(2000)
                                                                                    573);
2.     The parties shall bear their own costs, including those relating
       to the proceedings for interim measures.                              2.     Orders the Commission to pay all the costs.
( 1) OJ C 135, 13.5.00.                                                      (1 ) OJ C 247, 26.8.2000.