CELEX: C2000/285/19
Language: en
Date: 2000-10-07 00:00:00
Title: Order of the President of the Court of First Instance of 18 April 2000 in Cases T-83/00 R I, T-83/00 R II, T-84/00 R and T-85/00 R: Hänseler GmbH and Others v Commission of the European Communities (Proceedings for interim relief — Withdrawal of authorisation for the placing on the market of medicinal products for human use containing the substance "norpseudoephredin" — Directive 75/319/EEC — Suspension of operation of a measure pending the making of the order bringing the proceedings for interim relief to a close)

7.10.2000               EN                       Official Journal of the European Communities                                         C 285/9
ORDER OF THE PRESIDENT OF THE COURT OF FIRST                                cation for annulment of the decision of the selection board in
                             INSTANCE                                       competition CdR B/01/98 refusing to admit the applicant to
                                                                            the tests in that competition — the Court of First Instance
                          of 7 April 2000                                   (First Chamber), composed of: B. Vesterdorf, President, and
                                                                            M. Vilaras and N. Forwood, Judges; H. Jung, Registrar, made
in Case T-326/99 R: Nancy Fern Olivieri v Commission of                     an order on 17 May 2000, the operative part of which is as
                   the European Communities                                 follows:
(Proceedings for interim measures — Marketing authoris-                     1.    The action is dismissed as manifestly inadmissible;
ation for a medicinal product — Admissibility — Prima
       facie case — Urgency — Balancing of interests)                       2.    The parties are to bear their own costs.
                          (2000/C 285/17)                                   (1) OJ C 122 of 29.4.2000.
                    (Language of the case: English)
In Case T-326/99 R: Nancy Fern Olivieri, resident in Toronto
(Canada), represented by P. Sands and J. Marks, Barristers, and
R. Stein, Solicitor, with an address for service in Luxembourg
at the Chambers of Nathan & Noesen, 18 Rue des Glacis, v                    ORDER OF THE PRESIDENT OF THE COURT OF FIRST
Commission of the European Communities (Agents: R. Wain-                                                INSTANCE
wright and H. Støvlbæk), supported by Apotex Europe Ltd,
having its registered office in Leeds (United Kingdom),
represented by P. Bogaert and M. Le Berre, of the Brussels Bar,                                      of 18 April 2000
S. Fries, Rechtsanwalt, Baden Württemberg, and G. Castle,
Solicitor, with an address for service in Luxembourg at                     in Cases T-83/00 R I, T-83/00 R II, T-84/00 R and
the Chambers of A. Lutgen, 1 Rue Jean-Paul Brasseur —                       T-85/00 R: Hänseler GmbH and Others v Commission of
application for suspension of the operation of the Commission                                 the European Communities
decision of 25 August 1999 granting marketing authorisation
for the medicinal product for human use known as ‘Ferriprox’                (Proceedings for interim relief — Withdrawal of authoris-
(OJ 1999 C 270, p. 2) — the President of the Court has made                 ation for the placing on the market of medicinal products for
an order on 7 April 2000, the operative part of which is as                 human use containing the substance ‘norpseudoephredin’ —
follows:                                                                    Directive 75/319/EEC — Suspension of operation of a
                                                                            measure pending the making of the order bringing the
1.    The application for interim relief is dismissed.                                  proceedings for interim relief to a close)
2.    Costs are reserved.
                                                                                                      (2000/C 285/19)
                                                                                               (Language of the case: German)
                                                                            In Cases T-83/00 R I, T-83/00 R II, T-84/00 R and T-85/00 R:
      ORDER OF THE COURT OF FIRST INSTANCE
                                                                            Hänseler GmbH, established at Konstanz (Germany), applicant
                                                                            in Case T-83/00 R I, Schuck GmbH, established at Schwaig
                          of 17 May 2000                                    (Germany), applicant in Case T-83/00 R II, Laboratórios Rous-
                                                                            sel, Ltda, established at Mem Martins (Portugal), applicant in
in Case T-28/00: Luis Borrego Alias v Committee of the                      Cases T-84/00 R and T-85/00 R, Laboratoires Roussel Dia-
              Regions of the European Union (1)                             mant SARL, established at Puteaux (France), applicant in
                                                                            Case T-84/00 R, and Roussel Iberica SA, established in Barce-
(Officials — Time-limit for bringing proceedings — Mani-                    lona (Spain), applicant in Case T-85/00 R, represented by
                        fest inadmissibility)                               B. Sträter, Rechtsanwalt, Bonn, with an address for service in
                                                                            Luxembourg at the Chambers of Bonn and Schmidt, 7 Val
                          (2000/C 285/18)                                   Sainte Croix, v Commission of the European Communities
                                                                            (Agents: H. Støvlbæk and B. Wägenbaur) — application for
                                                                            suspension of operation of the Commission’s decision of
                     (Language of the case: French)                         9 March 2000 concerning the withdrawal of authorisation for
                                                                            the placing on the market of medicinal products for human
In Case T-28/00: Luis Borrego Alias, residing in Brussels,                  use containing the substances ‘Clobenzorex’, ‘Fenbutrazat’,
represented by J.-N. Louis, G.F. Parmentier and V. Peere, of the            ‘Fenproporex’, ‘Mazindol’, ‘Mefenorex’, ‘Norpseudoephredin’,
Brussels Bar, with an address for service in Luxembourg at the              ‘Phenmetrazin’ and ‘Propylhexedrin’ (C(2000) 608) — the
offices of Société de Gestion Fiduciaire, 2-4 Rue Beck, v                   President of the Court of First Instance made an order on
Committee of the Regions of the European Union — appli-                     18 April 2000, the operative part of which is as follows:
 ---pagebreak--- C 285/10                EN                     Official Journal of the European Communities                                     7.10.2000
1.    Operation of the Commission’s decision of 9 March 2000              Action brought on 28 June 2000 by Société Biret Inter-
      concerning the withdrawal of authorisation for the placing on           national against the Council of the European Union
      the market of medicinal products for human use containing
      the substances ‘Clobenzorex’, ‘Fenbutrazat’, ‘Fenproporex’,
      ‘Mazindol’, ‘Mefenorex’, ‘Norpseudoephredin’, ‘Phenmetrazin’                                 (Case T-174/00)
      and ‘Propylhexedrin’ (C(2000) 608) is suspended pending the
      making of the orders bringing the proceedings for interim relief                             (2000/C 285/21)
      to a close.
2.    The costs are reserved.
                                                                                             (Language of the case: French)
                                                                          An action against the Council of the European Union was
                                                                          brought before the Court of First Instance of the European
                                                                          Communities on 28 June 2000 by Société Biret International,
                                                                          established in Paris, represented by Stéphane Rodrigues, of the
Action brought on 16 May 2000 by Robert Schochaert                        Paris Bar.
         against the Council of the European Union
                          (Case T-131/00)                                 The applicant claims that the Court should:
                          (2000/C 285/20)                                 —     establish the liability of the European Community in the
                                                                                court-supervised liquidation of the company known as
                                                                                Biret International;
                    (Language of the case: French)
                                                                          —     order the Council of the European Union to pay to Biret
An action against the Council of the European Union was                         International damages in the sum of FRF 87 006 000;
brought before the Court of First Instance of the European
Communities on 16 May 2000 by Robert Schochaert, residing
in Brussels, represented by Jean A. Martin, of the Brussels Bar.          —     order the Council of the European Union to pay all the
                                                                                costs.
The applicant claims that the Court should:
—     annul the decision of the appointing authority refusing             Pleas in law and main arguments
      to promote the applicant to grade B1, and rule that he
      should be promoted to that grade, with retroactive effect
      from the 1999 promotions procedure, within one month                The applicant, a company incorporated under French law
      from the date of the Court’s decision, failing which the            which is currently in liquidation and the object of which is
      defendant is to pay a periodic penalty of 5 000 Belgian             trade in various agricultural food products, particularly meat,
      francs per day of delay.                                            claims compensation for the damage allegedly suffered by it as
                                                                          a result of the prohibition of imports into the Community of
                                                                          beef and veal, especially of American origin. The company is
Pleas in law and main arguments                                           co-owned, as to 34 % of its capital, by Cargill USA.
The applicant maintains, first, that the refusal to include his
name on the list of officials proposed for promotion to grade             That prohibition was decided upon and implemented pursuant
B1 was based on an error of fact, namely that the position                to Council Directive 88/146/EEC of 7 March 1988 prohibiting
occupied by him since 1998 did not involve responsibilities               the use in livestock farming of certain substances having a
justifying a promotion by comparison with the other candi-                hormonal action (1) and Council Directive 72/462/EEC of
dates for promotion. He claims in that regard that the position           12 December 1972 on health and veterinary inspection prob-
which he has occupied since 1998 — and which he occupied,                 lems upon importation of bovine animals and swine and fresh
in particular, at the time of the decision refusing his promotion         meat from third countries (2). Those two directives were
— corresponds, in fact and in law, to a post involving the                replaced by Council Directive 96/22/EC of 29 April 1996
duties of a grade B1 official.                                            concerning the prohibition on the use in stockfarming of
                                                                          certain substances having a hormonal or thyrostatic action
Second, he considers that the fact that he has been refused               and of ß-agonists, and repealing Directives 81/602/EEC,
promotion to grade B1 sixteen years in succession, despite his            88/146/EEC and 88/299/EEC (3).
having been awarded either ‘particularly high’ or ‘exceptionally
high’ grades in his staff reports, can be explained only by the
existence of some deep-rooted ill-feeling towards him at a                The applicant states in that regard that, since neither the
certain level in the hierarchy above him.                                 Community legislation nor the national legislation has progres-
                                                                          sed towards a lifting of the prohibitions or the introduction of
                                                                          a more flexible system, it has not been possible for the flow of
                                                                          business which it had envisaged to materialise.