CELEX: C2001/045/43
Language: en
Date: 2001-02-10 00:00:00
Title: Case T-345/00: Action brought on 13 November 2000 by Pharmacia & Upjohn S.A. against the Commission of the European Communities

C 45/20               EN                     Official Journal of the European Communities                                     10.2.2001
Action brought on 13 November 2000 by Pharmacia &                       Pleas in law and main arguments
Upjohn S.A. against the Commission of the European
                          Communities                                   The pleas in law and main arguments are those put forward in
                                                                        Case T-344/00 (1) CECA v Commission.
                        (Case T-345/00)
                                                                        (1) See p. 19 of this Official Journal.
                         (2001/C 45/43)
                  (Language of the case: English)
                                                                        Action brought on 14 November 2000 by A. Barth against
                                                                               the Commission of the European Communities
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the                                         (Case T-348/00)
European Communities on 13 November 2000 by Pharmacia
& Upjohn S.A., represented by Denis Waelbroeck and Dirk                                             (2001/C 45/44)
Brinckman, of Liedekerke Siméon Wessing Houthoff, Brussels.
                                                                                             (Language of the case: Dutch)
The applicant claims that the Court should:
                                                                        An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of First Instance of the
—    declare pursuant to Article 232 EC that the Commission             European Communities on 14 November 2000 by A. Barth,
     has failed to comply with its obligations under Com-               residing at Lenzkirch (Germany), represented by E.J.H. Moons,
     munity law by failing to take the necessary measures for           of the Brussels Bar, with an address for service in Luxembourg
     the inclusion of progesterone in Annex II to Regulation            at the Chambers of C. Turk, 13a Avenue Guillaume.
     No 2377/90 following the issuing of the positive opinion
     of the CVMP and in particular to draw up a draft                   The applicant claims that the Court should:
     regulation including progesterone in Annex II and sub-
     mitting it to the Standing Committee for approval;                 —     declare the application admissible and well founded;
                                                                        —     rule that there exists no basis on which recovery may be
—    order the Community, as represented here by the Com-                     sought from the applicant pursuant to Article 85 of the
     mission, to repair the damage suffered by the applicant                  Staff Regulations of officials of the European Communi-
     as a result of the Commission’s unlawful failure to act                  ties;
     and to set the amount of this compensation for the
     damage suffered so far at EURO 271,170, or any other               —     rule that special circumstances have existed as regards the
     amount reflecting the damage suffered by the applicant                   applicant since 24 September 1998 and that he therefore
     as further established by it in the course of these                      continues to be entitled to receive the household allow-
     proceedings, especially taking due account of future                     ance pursuant to Article 1(c) of Annex VII to the Staff
     damage;                                                                  Regulations;
                                                                        —     consequently, order the European Commission to:
—    in the alternative, order the parties to produce to the
     Court within a reasonable period from the date of the                    (1) repay the sum of EUR 2 543,20 which has been
     judgment figures as to the amount of the compensation                          deducted, together with interest from the dates on
     agreed between the parties or, in the absence of agree-                        which the deductions were respectively made;
     ment, order the parties to produce to the Court within
     the same period their submissions with detailed figures in               (2) repay the sum of DEM 1 053,18 which has been
     support;                                                                       deducted, likewise with interest from the dates on
                                                                                    which the deductions were respectively made;
—    order that interest at the annual rate of 8 %, or any other              (3) continue to pay the household allowance to the
     appropriate rate to be determined by the Court, shall be                       applicant with effect from March 2000, together
     paid on the amount payable as from the date of the                             with compensatory interest from the payment dates
     Court’s judgment until actual payment of that amount;                          which have passed since then;
                                                                        —     order the Commission to pay statutory interest on all the
—    order the Commission to pay the costs of the present                     sums in question and to pay the costs, including the
     proceedings.                                                             procedural costs.