CELEX: C2003/226/02
Language: en
Date: 2003-09-20 00:00:00
Title: Judgment of the Court of 24 July 2003 in Case C-39/03 P: Commission of the European Communities v Artegodan GmbH and Others (Appeal — Directives 65/65/EEC and 75/319/EEC — Medicinal products for human use — Anorectics: amfepramone, clobenzorex, fenproporex, norpseudoephedrine, phentermine — Withdrawal of a marketing authorisation — Competence of the Commission — Conditions for withdrawal)

C 226/2                 EN                          Official Journal of the European Union                                                20.9.2003
      —    third, the compensation does not exceed what is necessary to      Marion Roussel Ltd, established in Denham (United Kingdom),
           cover all or part of the costs incurred in discharging the        Hoechst Marion Roussel SA, established in Brussels (Belgium),
           public service obligations, taking into account the relevant      Marion Merrell SA, established in Puteaux (France), Marion
           receipts and a reasonable profit for discharging those            Merrell SA, established in Barcelona (Spain), Sanova Pharma
           obligations;                                                      GmbH, established in Vienna (Austria), Temmler Pharma GmbH
                                                                             & Co.KG, established in Marburg (Germany), Schuck GmbH,
      —    fourth, where the undertaking which is to discharge public        established in Schwaig (Germany), Laboratoires Roussell Lda,
           service obligations is not chosen in a public procurement         established in Mem Martins (Portugal), Laboratoires Roussell
           procedure, the level of compensation needed has been deter-       Diamant SARL, established in Puteaux, Roussel Iberica SA,
           mined on the basis of an analysis of the costs which a            established in Barcelona, (represented by B. Sträter and
           typical undertaking, well run and adequately provided with        M. Ambrosius), Gerot Pharmazeutika GmbH, established in
           means of transport so as to be able to meet the necessary         Vienna, (represented by K. Grigkar), Cambridge Healthcare
           public service requirements, would have incurred in dischar-      Supplies Ltd, established in Rackhearth (United Kingdom),
           ging those obligations, taking into account the relevant          (represented by M. D. Vaughan, QC, K. Bacon, barrister, and
           receipts and a reasonable profit for discharging the              S. Davis, solicitor), and Laboratoires pharmaceutiques Trenker
           obligations.                                                      SA, established in Brussels, (represented by L. Defalque and
                                                                             X. Leurquin), the Court, composed of: G.C. Rodríguez Iglesias,
                                                                             President, J.-P. Puissochet, M. Wathelet, R. Schintgen, C.W.
3.   Article 77 of the EC Treaty (now Article 73 EC) cannot be
                                                                             A. Timmermans (Presidents of Chambers), C. Gulmann, D.A.
     applied to public subsidies which compensate for the additional
                                                                             O. Edward, A. La Pergola, P. Jann (Rapporteur), V. Skouris,
     costs incurred in discharging public service obligations without
                                                                             F. Macken, N. Colneric, S. von Bahr, J.N. Cunha Rodrigues and
     taking into account Regulation No 1191/69, as amended by
                                                                             A. Rosas, Judges; S. Alber, Advocate General; M. Múgica
     Regulation No 1893/91.
                                                                             Arzamendi, Principal Administrator, for the Registrar, has given
                                                                             a judgment on 24 July 2003, in which it:
(1) OJ C 273 of 23.9.2000.                                                   1.   Dismisses the appeal;
                                                                             2.   Orders the Commission of the European Communities to pay the
                                                                                  costs of these proceedings and those relating to the application for
                                                                                  interim relief.
                  JUDGMENT OF THE COURT
                                                                             (1) OJ C 70 of 22.3.2003.
                           of 24 July 2003
in Case C-39/03 P: Commission of the European
      Communities v Artegodan GmbH and Others (1)
(Appeal — Directives 65/65/EEC and 75/319/EEC —                                                   ORDER OF THE COURT
Medicinal products for human use — Anorectics: amfepra-
mone, clobenzorex,            fenproporex,      norpseudoephedrine,                                     (First Chamber)
phentermine — Withdrawal of a marketing authorisation —
Competence of the Commission — Conditions for withdrawal)                                               of 24 July 2003
                                                                             in Case C-166/02 (Reference for a preliminary ruling from
                           (2003/C 226/02)                                   the Tribunal Judicial da Comarca de Alcácer do Sal): Daniel
                                                                             Fernando Messejana Viegas v Companhia de Seguros
                                                                                   Zurich SA, Mitsubishi Motors de Portugal SA (1)
        (Languages of the case: German, English and French)
                                                                             (Article 104(3) of the Rules of Procedure — Answer which
                                                                             may be clearly deduced from existing case-law — Second
                                                                             Directive 84/5/EEC — Compulsory insurance against civil
In Case C-39/03 P, Commission of the European Communities,                   liability in respect of motor vehicles — Types of civil
(Agents: R. B. Wainwright and H. Støvlbæk, assisted by                                   liability — Minimum amounts of cover)
B. Wägenbaur): Appeal against the judgment of the Court of
First Instance of the European Communities (Second Chamber,                                             (2003/C 226/03)
Extended Composition) of 26 November 2002 in Joined Cases
T-74/00, T-76/00, T-83/00 to T-85/00, T-132/00, T-137/00                                        (Language of the case: Portuguese)
and T-141/00 Artegodan and Others v Commission [2002]
ECR II-4945, seeking to have that judgment set aside, the                    (Provisional translation; the definitive translation will be published in
other parties to the proceedings being: Artegodan GmbH,                                            the European Court Reports)
established in Lüchow (Germany), (represented by U. Doepner),
Bruno Farmaceutici SpA, established in Rome (Italy), Essential               In Case C-166/02: Reference to the Court under Article 234 EC
Nutrition Ltd, established in Brough (United Kingdom), Hoechst               by the Tribunal Judicial da Comarca de Alcácer do Sal (Portugal)