CELEX: C2003/275/33
Language: en
Date: 2003-11-15 00:00:00
Title: Judgment of the Court of 30 September 2003 in Case C-94/02 P: Établissements Biret et Cie SA v Council of the European Union (Appeal — Directives 81/602/EEC, 88/146/EEC and 96/22/EC — Prohibition on the use of certain substances having a hormonal action — Prohibition on the importation from third countries of meat from farm animals to which those substances have been administered — Application for damages — Direct effect of the WTO Agreement and the agreements annexed thereto — Agreement on the Application of Sanitary and Phytosanitary Measures — Recommendations and decisions of the WTO Dispute Settlement Body)

15.11.2003               EN                          Official Journal of the European Union                                              C 275/19
                  JUDGMENT OF THE COURT                                                        JUDGMENT OF THE COURT
                       of 30 September 2003                                                         of 30 September 2003
in Case C-93/02 P: Biret International SA v Council of the                   in Case C-94/02 P: Établissements Biret et Cie SA v Council
                         European Union (1)                                                       of the European Union (1)
(Appeal — Directives 81/602/EEC, 88/146/EEC and 96/22/                       (Appeal — Directives 81/602/EEC, 88/146/EEC and 96/22/
EC — Prohibition on the use of certain substances having a                   EC — Prohibition on the use of certain substances having a
hormonal action — Prohibition on the importation from                        hormonal action — Prohibition on the importation from
third countries of meat from farm animals to which those                     third countries of meat from farm animals to which those
substances have been administered — Application for dam-                     substances have been administered — Application for dam-
ages — Direct effect of the WTO Agreement and the                            ages — Direct effect of the WTO Agreement and the
agreements annexed thereto — Agreement on the Appli-                         agreements annexed thereto — Agreement on the Appli-
cation of Sanitary and Phytosanitary Measures — Rec-                         cation of Sanitary and Phytosanitary Measures — Rec-
ommendations and decisions of the WTO Dispute Settlement                     ommendations and decisions of the WTO Dispute Settlement
                                 Body)                                                                       Body)
                          (2003/C 275/32)                                                              (2003/C 275/33)
                     (Language of the case: French)                                               (Language of the case: French)
(Provisional translation; the definitive translation will be published       (Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                               in the European Court Reports)
In Case C-93/02 P, Biret International SA, a company in                      In Case C-94/02 P, Établissements Biret et Cie SA, established
judicial liquidation, established in Paris (France) (represented             in Paris (France), (represented by S. Rodrigues): Appeal against
by M. de Thoré and S. Rodrigues): Appeal against the judgment                the judgment of the Court of First Instance of the European
of the Court of First Instance of the European Communities                   Communities (First Chamber) of 11 January 2002 in Case
(First Chamber) of 11 January 2002 in Case T-174/00 Biret                    T-210/00 Biret et Cie v Council [2002] ECR II-47, seeking to
International v Council [2002] ECR II-17, seeking to have that               have that judgment set aside, the other party to the proceedings
judgment set aside, the other parties to the proceedings being:              being: Council of the European Union, (Agents: J. Carbery and
Council of the European Union, (Agents: J. Carbery and                       F. P. Ruggeri Laderchi), supported by United Kingdom of Great
F. P. Ruggeri Laderchi), supported by United Kingdom of Great                Britain and Northern Ireland, (Agents: P. M. Ormond), and
Britain and Northern Ireland, (Agent: P. M. Ormond), and                     Commission of the European Communities, (Agents: T. Chris-
Commission of the European Communities, (Agents: T. Chris-                   toforou and A. Bordes), the Court, composed of: G.C. Rodrí-
toforou and A. Bordes), the Court, composed of: G.C. Rodrí-                  guez Iglesias, President, J.-P. Puissochet, M. Wathelet (Rappor-
guez Iglesias, President, J.-P. Puissochet, M. Wathelet (Rapporte-           teur), R. Schintgen and C.W.A. Timmermans (Presidents of
ur), R. Schintgen and C.W.A. Timmermans (Presidents of                       Chambers), C. Gulmann, D.A.O. Edward, P. Jann, V. Skouris,
Chambers), C. Gulmann, D.A.O. Edward, P. Jann, V. Skouris,                   F. Macken, N. Colneric, S. von Bahr and J.N. Cunha Rodrigues,
F. Macken, N. Colneric, S. von Bahr and J.N. Cunha Rodrigues,                Judges; S. Alber, Advocate General; H.A. Rühl, Principal
Judges; S. Alber, Advocate General; H.A. Rühl, Principal                     Administrator, for the Registrar, has given a judgment on
Administrator, for the Registrar, has given a judgment on                    30 September 2003, in which it:
30 September 2003, in which it:
                                                                             1.    Dismisses the appeal;
1.    Dismisses the appeal;
                                                                             2.    Orders Établissements Biret et Cie SA to bear its own costs and
2.    Orders Biret International SA to bear its own costs and to pay               to pay two thirds of the costs of the Council of the European
      two thirds of the costs of the Council of the European Union;                Union;
3.    Orders the Council of the European Union to bear one third of          3.    Orders the Council of the European Union to bear one third of
      its own costs;                                                               its own costs;
4.    Orders the United Kingdom of Great Britain and Northern                4.    Orders the United Kingdom of Great Britain and Northern
      Ireland and the Commission of the European Communities to                    Ireland and the Commission of the European Communities to
      bear their own costs.                                                        bear their own costs.
(1) OJ C 109 of 4.5.2002.                                                    (1) OJ C 109 of 4.5.2002.