CELEX: 62005TA0429
Language: en
Date: 2010-03-03 00:00:00
Title: Case T-429/05: Judgment of the General Court of 3 March 2010 — Artegodan v Commission (Non-contractual liability — Medicinal products for human use — Decision requiring the withdrawal of marketing authorisations — Annulment of the decision by a judgment of the Court of First Instance — Sufficiently serious breach of a rule of law conferring rights on individuals)

17.4.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 100/36
            
         Judgment of the General Court of 3 March 2010 — Artegodan v Commission
   (Case T-429/05) (1)
   
   (Non-contractual liability - Medicinal products for human use - Decision requiring the withdrawal of marketing authorisations - Annulment of the decision by a judgment of the Court of First Instance - Sufficiently serious breach of a rule of law conferring rights on individuals)
   2010/C 100/55
   Language of the case: German
   
      Parties
   
   
      Applicant: Artegodan GmbH (Lüchow, Germany) (represented by: U. Doepner, then A. Lensing-Kramer and subsequently by U. Reese and A. Sandrock, lawyers)
   
      Defendant: European Commission (represented by: B. Stromsky and M. Heller)
   
      Intervening in support of the form of order sought by the defendant: Federal Republic of Germany (represented by: M. Lumma and U. Forsthoff, Agents)
   
      Re:
   
   Application for compensation under Article 235 EC and the second paragraph of Article 288 EC for damage allegedly suffered by the applicant as a result of the adoption of Commission Decision C (2000) 453 of 9 March 2000 concerning the withdrawal of marketing authorisations for medicinal products for human use containing amfepramone
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action.
            
         
               2.
            
            
               Orders Artegodan GmhH to bear its own costs and to pay those incurred by the European Commission.
            
         
               3.
            
            
               Orders the Federal Republic of Germany to bear its own costs.
            
         
      (1)  OJ C 48, 25.2.2006.