CELEX: C2002/156/31
Language: en
Date: 2002-06-29 00:00:00
Title: Judgment of the Court of First Instance of 7 March 2002 in Case T-212/99: Intervet International BV v Commission of the European Communities (Regulation (EEC) No 2377/90 — Veterinary medicinal products — Application for the inclusion of "Altrenogest" in the list of substances for which a provisional maximum residue limit may be established — Opinion of the Committee for Veterinary Medicinal Products (CVMP) — Action for annulment — Inadmissibility — Action for failure to act — Adoption of a position putting an end to the inaction — No need to adjudicate)

29.6.2002              EN                       Official Journal of the European Communities                                          C 156/17
(Third Chamber, Extended Composition), composed of J. Azizi,               2.    Declares that there is no longer need to adjudicate on the claim
President of the Chamber, K. Lenaerts, V. Tiili, R.M. Moura                      for a declaration that the Commission failed to act;
Ramos and M. Jaeger, Judges; J. Plingers, Administrator, for the
Registrar, has given a judgment on 6 March 2002 in which it:               3.    Orders the Commission to bear its own costs and to pay one
                                                                                 half of the applicant’s costs.
1.    Declares that there is no need to adjudicate on the application;
2.    Orders the applicant to pay the costs.
                                                                           (1) OJ C 352 of 4.12.1999.
(1) OJ C 281 of 2.10.1999.
                                                                               JUDGMENT OF THE COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                                        of 28 February 2002
                         of 7 March 2002                                   in Joined Cases T-227/99 and T-134/00: Kvaerner Warnow
                                                                           Werft GmbH v Commission of the European Communi-
in Case T-212/99: Intervet International BV v Commission                                                    ties (1)
               of the European Communities (1)
                                                                           (State aids — Shipbuilding — Former German Democratic
(Regulation (EEC) No 2377/90 — Veterinary medicinal                        Republic — Limits on capacity — Composition of the
products — Application for the inclusion of ‘Altrenogest’ in               Commission — Commission Member given leave of absence
the list of substances for which a provisional maximum                     — Election of Commission Members to the European Parlia-
residue limit may be established — Opinion of the Committee                                                 ment)
for Veterinary Medicinal Products (CVMP) — Action for
annulment — Inadmissibility — Action for failure to act —
Adoption of a position putting an end to the inaction — No                                           (2002/C 156/32)
                        need to adjudicate)
                                                                                               (Language of the case: German)
                          (2002/C 156/31)
                   (Language of the case: English)
                                                                           In Joined Cases T-227/99 and T-134/00: Kvaerner Warnow
                                                                           Werft GmbH, established in Rostock-Warnemünde (Germany),
                                                                           represented by M. Schütte, lawyer, with an address for service
In Case T-212/99, Intervet International BV, formerly Hoechst              in Luxembourg, v Commission of the European Communities
Roussel Vet GmbH, established in Boxmeer (Netherlands),                    (Agent: K.-D. Borchardt) — application for annulment of
represented by D. Waelbroek and D. Brinckman, lawyers, with                Commission Decision 1999/675/EC of 8 July 1999, as
an address for service in Luxembourg, v Commission of the                  amended, and of Commission Decision 2000/336/EC of
European Communities (Agents: T. Christoforou, H. Stolvlbaek               15 February 2000 on State aid granted by the Federal Republic
and F. Ruggeri-Laderchi): Application for the annulment of an              of Germany to Kvaerner Warnow Werft GmbH (OJ 1999
alleged Commission decision rejecting an application by the                L 274, p. 23 and OJ 2000 L 120, p. 12, respectively) — the
applicant for the insertion of the substance ‘altrenogest’ in              Court of First Instance (Fourth Chamber, Extended Compo-
Annex III to Council Regulation (EEC) No 2377/90 of                        sition), composed of: P. Mengozzi, President, R. Garcı́a-
26 June 1990 laying down a Community procedure for                         Valdecasas, V. Tiili, R.M. Moura Ramos and J.D. Cooke, Judges;
the establishment of maximum residue limits of veterinary                  D. Christensen, Administrator, for the Registrar, has given a
medicinal products in foodstuffs of animal origin (OJ 1990                 judgment on 28 February 2002, in which it:
L 224, p. 1) and, in the alternative, for a declaration that the
Commission unlawfully failed to prepare a draft of measures
                                                                           1.    Annuls Commission Decision 1999/675/EC of 8 July 1999
to be taken with a view to such insertion and to initiate the
                                                                                 on the State aid implemented by Germany in favour of Kvaerner
procedure laid down in Article 8 of that regulation. The Court
                                                                                 Warnow Werft GmbH, as amended by Commission Decision
of First Instance (Second Chamber), composed of: R.M. Moura
                                                                                 2000/416/EC of 29 March 2000 on State aid implemented
Ramos, President, J. Pirrung and A.W.H. Meij, Judges; H. Jung,
                                                                                 by Germany in favour of Kvaerner Warnow Werft GmbH
Registrar, has given a judgment on 7 March 2002, in which it:
                                                                                 (1999) and Commission Decision 2000/336/EC of 15 Febru-
                                                                                 ary 2000 on State aid implemented by Germany in favour of
1.    Dismisses the claim for annulment as inadmissible;                         Kvaerner Warnow Werft GmbH;