CELEX: C2004/217/57
Language: en
Date: 2004-08-28 00:00:00
Title: Case T-247/04: Action brought on 17 June 2004 by Asociación de Exportadores Españoles de Productos Farmacéuticos (Aseprofar) y Española de Desarrollo e Impulso Farmacéutico, SA (Edifa) against the Commission of the European Communities

28.8.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/32
            
         Action brought on 17 June 2004 by Asociación de Exportadores Españoles de Productos Farmacéuticos (Aseprofar) y Española de Desarrollo e Impulso Farmacéutico, SA (Edifa) against the Commission of the European Communities
   (Case T-247/04)
   (2004/C 217/57)
   Language of the case: Spanish
   An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 17 June 2004 by Asociación de Exportadores Españoles de Productos Farmacéuticos (Aseprofar) y Española de Desarrollo e Impulso Farmacéutico, SA (Edifa), established in Madrid, represented by L. Ortiz Blanco, lawyer.
   The applicant claims that the Court should:
   
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               Annul the decision of the European Commission incorporated in the letters of 2 April, 6 May and 10 May 2004 by virtue of which it decided to take no further action in respect of the complaints registered under numbers P/2002/4609 and 2003/5119 (as they relate to the applicability of Article 29 EC) on the ground that Real Decreto 725/2003 of 13 June 2003 does not infringe Article 29 EC or Article 10 in conjunction with Article 29 EC;
            
         
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               Order the Commission to pay the costs.
            
         Pleas in law and main arguments:
   The present action seeks annulment of the decision contained in the letters from the European Commission of 2 April and 6 and 10 May 2004, in that they reject the complaints put forward by the applicants (P/2002/4609 and 2003/5119) against the adoption of Real Decreto 725/2003 of 13 June 2003 inasmuch as it amends certain aspects of Article 100(2) of Ley 25/1990 on medicinal products.
   The Real Decreto requires wholesalers which distribute pharmaceutical products to notify the health authorities of the quantities of medicinal products supplied to pharmacies and other wholesalers. That information is subsequently provided to pharmaceutical laboratories by that public authority. The applicants consider that pharmaceutical laboratories can thus effectively take measures to block exports to other Community countries carried out by exporting wholesalers, by learning which wholesalers are exporting medicinal products, what pharmaceutical products are being exported and in what quantities.
   The applicants therefore consider that the Real Decreto in question infringes Article 29 of the EC Treaty or Article 10 thereof in conjunction with Article 29.