CELEX: C2003/044/40
Language: en
Date: 2003-02-22 00:00:00
Title: Judgment of the Court of First Instance of 10 December 2002 in Case T-123/00: Dr. Karl Thomae GmbH v Commission of the European Communities (Medicinal products for human use — Regulation (EEC) No 2309/93 — Community marketing authorisation — Regulation (EC) No 542/95 — Variation of the terms of the authorisation — Name and package layout of the medicinal product)

C 44/22                 EN                           Official Journal of the European Union                                         22.2.2003
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                 (Agents: D. Triantafyllou and K.-D. Borchardt), supported by
                                                                             Federal Republic of Germany (Agents: initially W.-D. Plessing
                       of 5 December 2002                                    and T. Jürgensen, and, subsequently, Plessing and M. Lumma):
                                                                             Application for the annulment of the Commission’s decision
                                                                             of 22 December 1999 relating to proposed State Aid No 506/
in Case T-70/00: Paul Edwin Hoyer v Commission of the
                                                                             99, the Court of First Instance (Fourth Chamber, Extended
                   European Communities ( 1)
                                                                             Composition), composed of: M. Vilaras, President, V. Tiili,
                                                                             J. Pirrung, P. Mengozzi and A.W.H. Meij, Judges; D. Christen-
(Temporary agents — Execution of a judgment of the Court                     sen, Administrator, for the Registrar, has given a judgment on
                 of First Instance — Dismissal)                              5 December 2002, in which it:
                          (2003/C 44/38)
                                                                             1.     Dismisses the objection of inadmissibility;
                    (Language of the case: Dutch)
                                                                             2.     Reserves costs.
In Case T-70/00: Paul Edwin Hoyer, formerly a temporary                      (1 ) OJ C 192 of 8.7.2000.
agent of the Commission of the European Communities,
residing in Hoeilaart, Belgium, represented by G. van der Wal,
Lawyer, with an address for service in Luxembourg, against
Commission of the European Communities (Agents: initially
G. Valsesia and C. Van der Hauwaert, subsequently F. Clotuche-
Duvieusart and H.M.H. Speyart) — application for annulment
of the Commission’s decision of 24 January 2000 terminating
the applicant’s contract of employment as temporary agent —                       JUDGMENT OF THE COURT OF FIRST INSTANCE
the Court of First Instance (Fourth Chamber), composed of
M. Vilaras, President, and V.Tiili and P. Mengozzi, Judges;
J. Palacio González, Principal Administrator, for the Registrar,                                    of 10 December 2002
gave a judgment on 5 December 2002, in which it:
                                                                             in Case T-123/00: Dr. Karl Thomae GmbH v Commission
1.     Dismissed the application;                                                            of the European Communities ( 1)
2.     Ordered each of the parties to bear its own costs.
                                                                             (Medicinal products for human use — Regulation (EEC)
                                                                             No 2309/93 — Community marketing authorisation —
( 1) OJ C 149 of 27.5.2000.                                                  Regulation (EC) No 542/95 — Variation of the terms of the
                                                                             authorisation — Name and package layout of the medicinal
                                                                                                            product)
                                                                                                        (2003/C 44/40)
     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                  (Language of the case: English)
                       of 5 December 2002
in Case T-114/00: Aktionsgemeinschaft Recht und Eigen-                       In Case T-123/00, Dr Karl Thomae GmbH, established in
   tum eV v Commission of the European Communities (1)                       Biberach an der Riß (Germany), represented by D. Waelbroeck
                                                                             and D. Brinckman, Lawyers, with an address for service in
(State aid — Scheme for the acquisition of agricultural and                  Luxembourg, supported by European Federation of Pharma-
forestry land in the former German Democratic Republic —                     ceutical Industries and Associations (EFPIA), established in
Failure to initiate the formal review procedure provided for                 Brussels (Belgium), represented by D. Perkins, Solicitor, and
in Article 88(2) EC — System of aid — Action for annulment                   M. Van Kerckhove, Lawyer, with an address for service in
                — Association — Admissibility)                               Luxembourg, v Commission of the European Communities
                                                                             (Agents: R. Wainwright and H. Støvlbæk), supported by
                          (2003/C 44/39)                                     Council of the European Union (Agents: M.-C. Giorgi and
                                                                             G. Houttuin): Application for annulment of the decision of
                                                                             1 March 2000 of the European Agency for the Evaluation of
                   (Language of the case: German)
                                                                             Medicinal Products, rejecting an application for variation of
                                                                             certain terms of the marketing authorisation for the medicinal
                                                                             product, ‘Daquiran’, the Court of First Instance (Fifth Chamber),
In Case T-114/00, Aktionsgemeinschaft Recht und Eigentum                     composed of: J.D. Cooke, President, R. García-Valdecasas and
eV, established in Borken (Germany), represented by M. Pech-                 P. Lindh, Judges; J. Plingers, Administrator, for the Registrar,
stein, professor, v Commission of the European Communities                   has given a judgment on 10 December 2002, in which it:
 ---pagebreak--- 22.2.2003                EN                         Official Journal of the European Union                                           C 44/23
1.     Annuls the decision of 1 March 2000 of the European                  3.     Ordered the Commission to pay the costs.
       Agency for the Evaluation of Medicinal Products, rejecting an
       application for variation of certain terms of the marketing
       authorisation for the medicinal product ‘Daquiran’;                  (1 ) OJ C 211 of 22.7.2000.
2.     Orders the Commission to bear its own costs and to pay the
       costs incurred by the applicant and the EFPIA, intervener;
3.     Orders the Council to bear its own costs.
( 1) OJ C 192 of 8.7.2000.
                                                                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                  of 12 December 2002
                                                                            in Case T-136/00: Carmelo Morello v Commission of the
                                                                                               European Communities ( 1)
     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                            (Officials — Procedure for filling vacant posts — Statement
                                                                            of reasons — Comparative examination of applicants and
                       of 12 December 2002                                  equal treatment of officials — Actions for annulment —
                                                                                                   Actions for damages)
in Case T-135/00: Carmelo Morello v Commission of the
                     European Communities ( 1)                                                        (2003/C 44/42)
(Officials — Procedure for filling vacant posts — Statement                                     (Language of the case: French)
of reasons — Comparative examination of applicants and
equal treatment of officials — Actions for annulment —
                        Actions for damages)
                                                                            In Case T-136/00: Carmelo Morello, an official of the Com-
                            (2003/C 44/41)                                  mission of the European Communities, residing in Brussels,
                                                                            represented by J. Sambon and P.-P. Van Gehuchten, Lawyers,
                                                                            with an address for service in Luxembourg, against Com-
                     (Language of the case: French)                         mission of the European Communities (Agents: C. Berardis-
                                                                            Kayser and D. Waelbroeck) — application for annulment of
                                                                            the Commission’s decision not to appoint the applicant to the
                                                                            post of Head of Unit 2 ‘Motor vehicles and other means of
In Case T-135/00: Carmelo Morello, an official of the Com-                  transport’ within Directorate F ‘Consumer goods and capital
mission of the European Communities, residing in Brussels,                  goods industries’ within the Directorate-General for Compe-
represented by J. Sambon and P.-P. Van Gehuchten, Lawyers,                  tition (COM/070/99) and of its decision to appoint a different
with an address for service in Luxembourg, against Com-                     applicant to the post and an application for damages — the
mission of the European Communities (Agents: C. Berardis-                   Court of First Instance (Third Chamber), composed of M. Jaeg-
Kayser and D. Waelbroeck) — application for annulment of                    er, President, and K. Lenaerts and J. Azzizi, Judges; J. Palacio
the Commission’s decision not to appoint the applicant to                   González, Principal Administrator, for the Registrar, gave a
the post of Head of Unit 1 ‘Post and telecommunications,                    judgment on 12 December 2002, in which it:
information society coordination’ within Directorate C ‘Infor-
mation, communication and multimedia’ within the Director-                  1.     Ordered the Commission to pay the applicant EUR 5 000;
ate-General for Competition (COM/069/99) and of its decision
to appoint a different applicant to the post and an application
for damages — the Court of First Instance (Third Chamber),                  2.     Dismissed the remainder of the action;
composed of M. Jaeger, President, and K. Lenaerts and J. Azzizi,
Judges; J. Palacio González, Principal Administrator, for the               3.     Ordered the Commission to pay the costs.
Registrar, gave a judgment on 12 December 2002, in which it:
                                                                            (1 ) OJ C 211 of 22.7.2000.
1.     Ordered the Commission to pay the applicant EUR 5 000;
2.     Dismissed the remainder of the action;