CELEX: C1996/318/29
Language: en
Date: 1996-10-26 00:00:00
Title: Action brought on 9 August 1996 by Boehringer Ingelheim Vetmedica GmbH and C. H. Boehringer Sohn Limited Partnership against the Council of the European Union (Case T-125/96)

26 . 10 . 96         1 EN                   Official Journal of the European Communities                                      No C 318 / 15
otherwise the objectives which Decision 94/90/EC is                    The applicants submit that the prohibition laid down in
intended to achieve would not be attained . This is all the            Articles 2 ( b ) and 3 ( a ) of the Directive, in so far as they refer
more so in the present case, in which the non-production of            to the therapeutic use of beta-agonists in approved
the documents requested, which form the subject-matter of              veterinary medicinal products, will deprive them of their
an application for measures of organization of procedure in            right to manufacture and market the veterinary medicinal
another case, is contrary to the proper administration of              products in question for which they hold regular licences in
justice .                                                              conformity with applicable European rules . This
                                                                       interference with the applicants ' specific rights is not
In addition , the applicant asserts that there has been an             consistent with EC fundamental principles of law, such as
infringement of the obligation to provide a statement of               the principle of proportionality, the principles of legal
reasons pursuant to Article 190 of the EC Treaty .                     certainty and of legitimate expectations, and the principle of
                                                                       good administration .
                                                                       In this regard the applicants, while understanding the
                                                                       legitime interest of the Council and the Commission to
Action brought on 9 August 1996 by Boehringer Ingelheim                combat the illegal use of beta-agonists as bulk chemicals for
Vetmedica GmbH and C. H. Boehringer Sohn Limited                       growing purposes, consider that a ban on the placing on the
  Partnership against the Council of the European Union                market of their veterinary medicinal products is not
                                                                       justified . Indeed, as a consequence of that ban :
                        ( Case T-125 /96
                          ( 96/C 318/29 )                              — animals are deprived of an essential product for the
                                                                            protection of their health ,
                 (Language of the case: English)
                                                                       — the applicants are denied their legitimate right to
An action against the Council of the European Communities                   continue to market products which are praised by all
was brought before the Court of First Instance of the                       practitioners for their safety and quality .
European Communities on 9 August 1996 by Boehringer
Ingelheim Vetmedica GmbH and C. H. Boehringer Sohn                     Such effects cannot be justified by the aim pursued by the
Limited Partnership, represented by Messer Denis                       Council when adopting the contested measure .
Waelbroeck and Denis Fosselard , of the Brussels Bar,
Liedekerke Wolters Waelbroeck & Kirkpatrick , 3                        Moreover, Article 43 of the EC Treaty has been violated, in
boulevard de l'Empereur, Brussels, with an address for                 so far as the European Parliament was consulted on a
service in Luxembourg at the offices of Arendt &                       proposal which differed substantially from the text of
Medernach, 8— 10 rue Mathias Hardt.                                    Directive 96/22/EC .
The applicant claims that the Court should :                            (>) OJ No L 125 , 23 . 5 . 1996 , p . 3 .
— annul Articles 1 , 2, 3 and 4 of Council Directive
      96/22/EC of 29 April 1 996 ( 1 ), in so far as they prohibit
      the placing on the market of veterinary medicinal
      products containing beta-agonists for administering for
      therapeutic purposes to animals the flesh and products
      of which are intended for human consumption ,                     Action brought on 12 August 1996 by Breda Fucine
                                                                        Meridionali SpA against the Commission of the European
— condemn the Community, as represented here by the                                                  Communities
      Council, to repair the damage suffered by them as a                                         ( Case T-126/96 )
      result of the contested measure,
                                                                                                    ( 96/C 318/30 )
 — order the Council to bear the costs .
                                                                                         (Language of the case: Italian)
 Pleas in law and main arguments adduced in support
                                                                        An action against the Commission of the European
 The applicants are the sole significant producers of                   Communities was brought before the Court of First
 medicines based on beta-agonists of the kind affected by               Instance of the European Communities on 12 August 1996
 Directive 96/22/EC . According to them, Directive 96/22/EC             by Breda Fucine Meridionali SpA, whose registered office is
 targets specifically their products, which must be seen as             at Bari, Italy, represented by Antonio Tizzano and Gian
 having motivated the Community institutions in this                    Michele Roberti, both of the Naples Bar, with an address for
 matter .
                                                                        service in Brussels at the Chambers of Antonio Tizzano, 36 ,
 The prohibition referred to in the contested Directive will , in       place du Grand Sablon .
 fact, prevent the administering of beta-agonists to treat
 respiratory disorders in food producing animals of any                 The applicant claims that the Court should :
 species . The other common therapeutic use of beta-agonists ,
 i.e. inducing tocolysis in cows when calving, will continue to         — annul in whole or, in the alternative , in part ( as regards
 be authorized by the Directive .                                           the points referred to in this action ) the Commission's