CELEX: C2003/112/51
Language: en
Date: 2003-05-10 00:00:00
Title: Judgment of the Court of First instance of 26 February 2003 in Cases T-344/00 and T-345/00: CEVA Santé animale SA and Pharmacia Entreprises SA v Commission of the European Communities (Regulation (EEC) No 2377/90 — Veterinary medicinal products — Application for the inclusion of "progesterone" in the list of substances for which it does not appear necessary to fix a maximum residue limit — Opinion of the Committee for Veterinary Medicinal Products (CVMP) — Re-examination by the CVMP — Failure by the Commission to adopt a draft of measures to be taken — Action for failure to act — Definition of a position putting an end to a failure to act — No need to adjudicate — Actions in damages — Liability of the Community — Causal link — Interlocutory judgment)

10.5.2003                EN                            Official Journal of the European Union                                          C 112/27
A. Pisaneschi and S. Zunarelli, lawyers, with an address for                   2.     Orders the Commission to pay the costs.
service in Luxembourg, against Commission of the European
Communities (Agents: initially by L. Visaggio and subsequently
by C. Cattabriga, assisted by M. Moretto) — application for                    (1 ) OJ C 372 of 23.12.00.
annulment of Commission Decision C (2000) 1099 of 3 May
2000 discontinuing aid from the Guidance Section of the
European Agricultural Guidance and Guarantee Fund for
Project No 9 (beneficiary: Massalombarda Colombani SpA)
in the context of operational programme No 91.CT.IT.01,
approved by Commission Decision C (91) 2255/6 of 28 Octo-
ber 1991 — the Court of First Instance (Fifth Chamber),
composed of R. García-Valdecasas, President, P. Lindh and
J.D. Cooke, Judges; J. Palacio González, Principal Adminis-                         JUDGMENT OF THE COURT OF FIRST INSTANCE
trator, for the Registrar, has given a judgment on 11 March
2003, in which it:
                                                                                                     of 26 February 2003
1.     Dismisses the application;
                                                                               in Cases T-344/00 and T-345/00: CEVA Santé animale SA
2.     Orders the applicant to bear its own costs and pay those of the         and Pharmacia Entreprises SA v Commission of the
       Commission.                                                                                European Communities (1)
( 1) OJ C 285 of 7.10.00.                                                      (Regulation (EEC) No 2377/90 — Veterinary medicinal
                                                                               products — Application for the inclusion of ‘progesterone’
                                                                               in the list of substances for which it does not appear
                                                                               necessary to fix a maximum residue limit — Opinion of the
                                                                               Committee for Veterinary Medicinal Products (CVMP) —
                                                                               Re-examination by the CVMP — Failure by the Commission
                                                                               to adopt a draft of measures to be taken — Action for failure
                                                                               to act — Definition of a position putting an end to a failure
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                   to act — No need to adjudicate — Actions in damages —
                                                                               Liability of the Community — Causal link — Interlocutory
                        of 27 February 2003                                                                judgment)
in Case T-329/00, Bonn Fleisch Ex- und Import GmbH v                                                   (2003/C 112/51)
         Commission of the European Communities ( 1)
(Customs duties — Imports of beef from South America —                                            (Language of the case: English)
Article 13(1) of Regulation (EEC) No 1430/79 — Appli-
cation for recovery of import duties — Rights of the defence
                        — Special situation)
                                                                               In Joined Cases T-344/00 and T-345/00, CEVA Santé animale
                           (2003/C 112/50)                                     SA, established in Libourne (France), and Pharmacia Entreprises
                                                                               SA, formerly Pharmacia & Upjohn SA, established in Luxem-
                                                                               bourg, represented by D. Waelbroeck and D. Brinckman,
                    (Language of the case: German)                             lawyers, with an address for service in Luxembourg, supported
                                                                               by Fédération européenne de la santé animale (Fedesa), estab-
                                                                               lished in Brussels, represented by A. Vandencasteele, lawyer,
                                                                               with an address for service in Luxembourg; Intervener: in Case
In Case T-329/00, Bonn Fleisch Ex- und Import Gmbh,                            T-345/00, Commission of the European Communities (Agents:
established in Troisdorf (Germany), represented by D. Ehle,                    T. Christoforou and M. Shotter): Application for (1) a declar-
lawyer, with an address for service in Luxembourg, against                     ation under Article 232 EC that, by failing to take the necessary
Commission of the European Communities (Agents: X. Lewis                       measures for the inclusion of progesterone in Annex II to
and Núñez-Müller) — application for annulment of the                           Council Regulation (EEC) No 2377/90 of 26 June 1990 laying
Commission Decision of 25 July 2000 finding that the                           down a Community procedure for the establishment of
recovery of import duties is not justified in a special case (REM              maximum residue limits of veterinary medicinal products in
49/99) — the Court of First Instance (Third Chamber),                          foodstuffs of animal origin (OJ 1990 L 224, p. 1), the
composed of M. Jaeger, President and K. Lenaerts and J. Azizi,                 Commission has failed to comply with its obligations under
Judges; D. Christensen, Administrator, for the Registrar, has                  Community law and (2) damages under Article 235 EC and
given a judgment on 27 February 2003, in which it:                             the second paragraph of Article 288 EC, the Court of First
                                                                               Instance (Second Chamber), composed of: R.M. Moura Ramos,
1.     Annuls the Decision of the Commission of 25 July 2000                   President, J. Pirrung and A.W.H. Meij, Judges; J. Plingers,
       finding that recovery of import duties is not justified in a special    Administrator, for the Registrar, has given a judgment on
       case (REM 49/99);                                                       26 February 2003, in which it has ruled:
 ---pagebreak--- C 112/28                   EN                         Official Journal of the European Union                                              10.5.2003
1.     There is no longer any need to give judgment on the actions for        1.     Dismisses the application;
       failure to act.
                                                                              2.     Orders the applicant to bear its own costs and the costs of the
2.     The Commission’s inaction between 1 January 2000 and                          Council.
       25 July 2001 is such as to render the Community liable.
3.     Within six months of the date of delivery of the present               (1 ) OJ C 79 of 10.3.01.
       judgment the parties shall inform the Court of the amount of
       damages which they claim, as agreed with the Commission.
4.     In the event of failure to agree the amount, the parties shall
       submit to the Court, within the same period, their calculations
       of the amount of damages attributable to the Commission’s
       inaction between 1 January 2000 and 25 July 2001.
                                                                                   JUDGMENT OF THE COURT OF FIRST INSTANCE
5.     The costs are reserved.
                                                                                                         of 5 March 2003
( 1) OJ C 45 of 10.02.2001.
                                                                               in Case T-24/01: Claire Staelen v European Parliament ( 1)
                                                                              (Officials — Open competition — Eliminating tests —
                                                                              Power of the selection board to change the minimum number
                                                                              of points required in the Notice of Competition — Tests of a
                                                                                             comparative nature — Admissibility)
     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                          (2003/C 112/53)
                          of 25 February 2003
                                                                                                   (Language of the case: French)
in Case T-4/01, Renco SpA v Council of the European
                                Union ( 1)
                                                                              In Case T-24/01: Claire Staelen, a member of the temporary
                                                                              staff of the European Parliament, residing in Bridel (Luxem-
(Public works contracts — Directive 93/37/EEC — Tender                        bourg) represented by J. Chocroun, lawyer, against the Euro-
specification — Statement of reasons for the decision to                      pean Parliament (Agents: J. F. de Wachter and D. Moore) —
award the contract — Manifest errors of assessment — Non-                     application, principally, for the annulment of the decision of
              contractual liability of the Community)                         the selection board in Competition EUR/A/151/98 refusing to
                                                                              allow the applicant to take part in the tests subsequent to Test
                            (2003/C 112/52)                                   VII.A.(d) of that competition and, in the alternative, a claim for
                                                                              compensation for the non-material damage allegedly suffered,
                                                                              — the Court of First Instance (Fourth Chamber), composed of:
                       (Language of the case: French)                         M. Vilaras, President, and V. Tiili and P. Mengozzi, Judges;
                                                                              J. Palacio González, Principal Administrator, for the Registrar,
                                                                              has given a judgment on 26 February 2003, in which it:
In Case T-4/01: Renco SpA, established in Milan (Italy)                       1.     Annuls the decision of the selection board in Competition EUR/
represented by D. Philippe and F. Apruzzi, lawyers, with an                          A/151/98 refusing to allow the applicant to take part in the
address for service in Luxembourg, against Council of the                            tests subsequent to Test VII.A.(d) of that competition;
European Union (Agents: F. van Craeyenest, M. Arpio Santac-
ruz and J. Stuyck) — application for damage allegedly suffered                2.     Orders the Parliament to bear its own costs and to pay the
by the applicant following the decision of the Council not to                        applicant’s costs, including those relating to the application for
award it the contract for invitation to tender No 107865                             interim measures.
issued on 30 July 1999 (OJ S 146) for refitting and general
maintenance of the Council’s buildings — the Court of First
Instance (Fifth Chamber), composed of J.D. Cooke, President,                  (1 ) OJ C 95 of 24.3.01.
and R. García-Valdecasas and P. Lindh Judges; D. Christensen,
Administrator, for the Registrar, has given a judgment on
25 February 2003, in which it: