CELEX: C2000/047/45
Language: en
Date: 2000-02-19 00:00:00
Title: Judgment of the Court of First Instance of 13 December 1999 in Joined Cases T-189/95, T-39/96 and T-123/96: Service pour le Groupement d'Acquisitions (SGA) v Commission of the European Communities (Competition — Distribution of motor vehicles — Examination of complaints — Action for a declaration of failure to act, for annulment and for compensation)

19.2.2000             EN                       Official Journal of the European Communities                                       C 47/27
                                                         COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                   JUDGMENT OF THE COURT OF FIRST INSTANCE
                     of 13 December 1999                                                       of 1 December 1999
in Joined Cases T-189/95, T-39/96 and T-123/96: Service                   in Joined Cases T-125/96 and T-152/96: Boehringer Ingel-
pour le Groupement d’Acquisitions (SGA) v Commission                      heim Vetmedica GmbH and C.H. Boehringer Sohn v
              of the European Communities (1)                             Council of the European Union and C.H. Boehringer Sohn
                                                                                v Commission of the European Communities (1)
(Competition — Distribution of motor vehicles — Examin-
ation of complaints — Action for a declaration of failure to              (Directive prohibiting the use of beta-agonists in stockfarm-
          act, for annulment and for compensation)                        ing — Regulation limiting the validity of maximum residue
                                                                          limits of veterinary medicinal products to certain therapeutic
                                                                          purposes — Action for annulment — Admissibility —
                         (2000/C 47/45)                                                    Principle of proportionality)
                                                                                                  (2000/C 47/46)
                   (Language of the case: French)
In Joined Cases T-189/95, T-39/96 and T-123/96: Service                                     (Language of the case: English)
pour le Groupement d’Acquisitions (SGA), established at Istres
(France), represented by Jean-Claude Fourgoux, of the Paris
Bar, with an address for service in Luxembourg at the                     In Joined Cases T-125/96: Boehringer Ingelheim Vetmedica
Chambers of Pierrot Schiltz, 4 Rue Béatrix de Bourbon, v                  GmbH and C.H. Boehringer Sohn, established in Ingelheim am
Commission of the European Communities (Agents: initially,                Rhein, Germany, represented by Denis Waelbroeck and Denis
Giuliano Marenco and Guy Charrier, and subsequently Mr                    Fosselard, of the Brussels Bar, with an address for service in
Marenco and Loïc Guérin) — applications for annulment of the              Luxembourg at the Chambers of Ernest Arendt, 8-10 Rue
Commission’s decision of 5 June 1996 rejecting a complaint by             Mathias Hardt, supported by Fédération Européenne de la
the applicant based on Article 85 of the EC Treaty (now                   Santé Animale (Fedesa), an association incorporated under
Article 81 EC), for annulment of an alleged implicit decision             Belgian law, established in Brussels, represented by Alexandre
of the Commission refusing to adopt provisional measures                  Vandencasteele, of the Brussels Bar, with an address for service
pursuant to that complaint, and for compensation for loss and             in Luxembourg at the Chambers of Ernest Arendt, 8-10 Rue
damage — the Court of First Instance (First Chamber),                     Mathias Hardt, and by the United Kingdom of Great Britain
composed of: B. Vesterdorf, President, and J. Pirrung and                 and Northern Ireland (Agents: Lindsey Nicoll and David Lloyd
M. Vilaras, Judges; A. Mair, Administrator, for the Registrar,            Jones) v Council of the European Union (Agents: Moyra
has given a judgment on 13 December 1999, in which it:                    Sims-Robertson and Ignacio Dı́ez Parra), supported by Stich-
                                                                          ting Kwaliteitsgarantie Vleeskalverensector (SKV), a foundation
                                                                          incorporated under Netherlands law, established in The Hague,
1. Dismisses the actions.                                                 represented by Gerard van der Wal, advocate before the Hoge
                                                                          Raad der Nederlanden, and Laura Paret, of the Brussels Bar,
                                                                          with an address for service in Luxembourg at the Chambers of
2. Orders the applicant to pay the costs relating to Cases T-189/95       Aloyse May, 31 Grand-Rue and Commission of the European
     and T-123/96.                                                        Communities (Agent: Xavier Lewis) — application for the
                                                                          partial annulment of Council Directive 96/22/EC of 29 April
                                                                          1996 concerning the prohibition on the use in stockfarming
3. Orders the parties to bear their own costs in Case T-39/96.            of certain substances having a hormonal or thyrostatic action
                                                                          and of beta-agonists, and repealing Directives 81/602/EEC,
                                                                          88/146/EEC and 88/299/EEC (OJ 1996 L 125, p. 3) together
                                                                          with a claim for compensation, and T-152/96: Boehringer
(1) OJ C 333 of 9.12.1995, OJ C 145 of 18.5.1996 and OJ C 318 of          Ingelheim Vetmedica GmbH and C.H. Boehringer Sohn, sup-
    26.10.1996.                                                           ported by Fedesa v Commission of the European Communities,
                                                                          supported by SKV and Council of the European Union
                                                                          — Application for the partial annulment of Commission
                                                                          Regulation (EC) No 1312/96 of 8 July 1996 amending Annex
                                                                          III of Council Regulation (EEC) No 2377/90 laying down a
                                                                          Community procedure for the establishment of maximum