CELEX: C2001/275/32
Language: en
Date: 2001-09-29 00:00:00
Title: Case T-168/01: Action brought on 23 July 2001 by Glaxo Wellcome plc against the Commission of the European Communities

29.9.2001              EN                     Official Journal of the European Communities                                       C 275/17
Finally, the applicant argues that the Commission has misused            The Commission found that these terms and conditions of sale
its discretion in ordering repayment at Gothaer Fahrzeugwerk             were contrary to Article 81(1) of the EC Treaty since they
GmbH’s expense of aid totalling DEM 7 100 136. It argues                 restricted parallel imports and exports to other Member States.
that the Commission did not take account of Gothaer Fahr-                This decision is now contested by the applicant.
zeugwerk GmbH’s contribution to the overall result. It adds
that DEM 3300000 were undeniably used in accordance with
the initial objective, and that the remaining amount of                  In support of its Application, the applicant contests the
DEM 3800336 was determined on the basis of a distribution                applicability of Article 81(1) EC Treaty on the grounds that
ration arbitrarily adopted by the Commission, so that the                the conditions of sale do not constitute an agreement and they
contested decision is contrary to Community law and void.                have no restrictive object or effect. The applicant further claims
                                                                         that the conditions of sale compensate for a market irregularity
                                                                         caused by the setting of prices by the Spanish authorities. In
                                                                         the alternative, the applicant claims the conditions of sale are
                                                                         eligible for an exemption under Article 81(3) EC Treaty.
Action brought on 23 July 2001 by Glaxo Wellcome plc
  against the Commission of the European Communities
                                                                         Action brought on 3 August 2001 by Euroagri s.r.l. against
                        (Case T-168/01)                                           Commission of the European Communities
                        (2001/C 275/32)                                                           (Case T-180/01)
                   (Language of the case: English)                                                (2001/C 275/33)
                                                                                             (Language of the case: Italian)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 23 July 2001 by Glaxo Wellcome                   An action against the Commission of the European Communi-
plc, having its registered office in Middlesex (UK), represented         ties was brought before the Court of First Instance of the
by I.S. Forrester Q.C. and A.P. Schulz of White & Case                   European Communities on 3 August 2001 by Euroagri s.r.l.,
Brussels, F. Depoortere, T. Louko and I. Vandenborre of                  represented by Walter Masucci, lawyer.
Skadden, Arps, Slate, Meagher & Flom LLP, Brussels, and
S. Martinez Lage of Martinez Lage & Associados                           The applicant claims that the Court should:
                                                                         —     annul the decision of the Commission of the European
The applicant claims that the Court should:                                    Communities of 6 June 2001 C(2001)1274;
—      annul the Commission decision of 8 May 2001;                      —     in the alternative, annul in part the contested decision
                                                                               and reduce, in proportion with the actual investments
—      take such other or further steps as justice may require;                made, the financial contribution allocated to Euroagri
                                                                               s.r.l. by the Commission’s decision of 3 December 1992;
—      order the Commission to pay the costs.
                                                                         —     order the Commission of the European Communities to
                                                                               pay the costs.
Pleas in law and main arguments
                                                                         Pleas in law and main arguments
The applicant notified its new terms and conditions of sale to
the Commission pursuant to Regulation 17/62. The new terms               By this application, the applicant company seeks the annul-
and conditions of sale of the applicant consisted of two                 ment of the decision of the Commission of the European
different pricing systems for its pharmaceutical products. The           Communities of 6 June 2001 C(2001)1274 cancelling the
first one was used for products to be sold in Spain and financed         contribution allocated to the applicant itself by decision
by the Spanish Social Security system. In this case the prices           C(92)3124 of 3 December 1992, pursuant to Council Regu-
were, according to the applicant, all set by the Spanish                 lation (EEC) No 4256/88 of 19 December 1988, laying down
authorities at a low level. The second system applied to                 provisions for implementing Regulation (EEC) No 2052/88 as
products to be sold outside the scope of the Spanish price               regards the EAGGF Guidance Section (1) in the context of
setting system by wholesalers authorised according to Spanish            project No 92. IT.06.069 entitled ‘Pilot demonstration project
Law. In the latter system, the prices were set by the applicant.         for the use of new “Endovena” technology on fruit trees’.