CELEX: C2003/112/50
Language: en
Date: 2003-05-10 00:00:00
Title: Judgment of the Court of First Instance of 27 February 2003 in Case T-329/00, Bonn Fleisch Ex- und Import GmbH v Commission of the European Communities (Customs duties — Imports of beef from South America — Article 13(1) of Regulation (EEC) No 1430/79 — Application for recovery of import duties — Rights of the defence — Special situation)

10.5.2003                EN                            Official Journal of the European Union                                          C 112/27
A. Pisaneschi and S. Zunarelli, lawyers, with an address for                   2.     Orders the Commission to pay the costs.
service in Luxembourg, against Commission of the European
Communities (Agents: initially by L. Visaggio and subsequently
by C. Cattabriga, assisted by M. Moretto) — application for                    (1 ) OJ C 372 of 23.12.00.
annulment of Commission Decision C (2000) 1099 of 3 May
2000 discontinuing aid from the Guidance Section of the
European Agricultural Guidance and Guarantee Fund for
Project No 9 (beneficiary: Massalombarda Colombani SpA)
in the context of operational programme No 91.CT.IT.01,
approved by Commission Decision C (91) 2255/6 of 28 Octo-
ber 1991 — the Court of First Instance (Fifth Chamber),
composed of R. García-Valdecasas, President, P. Lindh and
J.D. Cooke, Judges; J. Palacio González, Principal Adminis-                         JUDGMENT OF THE COURT OF FIRST INSTANCE
trator, for the Registrar, has given a judgment on 11 March
2003, in which it:
                                                                                                     of 26 February 2003
1.     Dismisses the application;
                                                                               in Cases T-344/00 and T-345/00: CEVA Santé animale SA
2.     Orders the applicant to bear its own costs and pay those of the         and Pharmacia Entreprises SA v Commission of the
       Commission.                                                                                European Communities (1)
( 1) OJ C 285 of 7.10.00.                                                      (Regulation (EEC) No 2377/90 — Veterinary medicinal
                                                                               products — Application for the inclusion of ‘progesterone’
                                                                               in the list of substances for which it does not appear
                                                                               necessary to fix a maximum residue limit — Opinion of the
                                                                               Committee for Veterinary Medicinal Products (CVMP) —
                                                                               Re-examination by the CVMP — Failure by the Commission
                                                                               to adopt a draft of measures to be taken — Action for failure
                                                                               to act — Definition of a position putting an end to a failure
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                   to act — No need to adjudicate — Actions in damages —
                                                                               Liability of the Community — Causal link — Interlocutory
                        of 27 February 2003                                                                judgment)
in Case T-329/00, Bonn Fleisch Ex- und Import GmbH v                                                   (2003/C 112/51)
         Commission of the European Communities ( 1)
(Customs duties — Imports of beef from South America —                                            (Language of the case: English)
Article 13(1) of Regulation (EEC) No 1430/79 — Appli-
cation for recovery of import duties — Rights of the defence
                        — Special situation)
                                                                               In Joined Cases T-344/00 and T-345/00, CEVA Santé animale
                           (2003/C 112/50)                                     SA, established in Libourne (France), and Pharmacia Entreprises
                                                                               SA, formerly Pharmacia & Upjohn SA, established in Luxem-
                                                                               bourg, represented by D. Waelbroeck and D. Brinckman,
                    (Language of the case: German)                             lawyers, with an address for service in Luxembourg, supported
                                                                               by Fédération européenne de la santé animale (Fedesa), estab-
                                                                               lished in Brussels, represented by A. Vandencasteele, lawyer,
                                                                               with an address for service in Luxembourg; Intervener: in Case
In Case T-329/00, Bonn Fleisch Ex- und Import Gmbh,                            T-345/00, Commission of the European Communities (Agents:
established in Troisdorf (Germany), represented by D. Ehle,                    T. Christoforou and M. Shotter): Application for (1) a declar-
lawyer, with an address for service in Luxembourg, against                     ation under Article 232 EC that, by failing to take the necessary
Commission of the European Communities (Agents: X. Lewis                       measures for the inclusion of progesterone in Annex II to
and Núñez-Müller) — application for annulment of the                           Council Regulation (EEC) No 2377/90 of 26 June 1990 laying
Commission Decision of 25 July 2000 finding that the                           down a Community procedure for the establishment of
recovery of import duties is not justified in a special case (REM              maximum residue limits of veterinary medicinal products in
49/99) — the Court of First Instance (Third Chamber),                          foodstuffs of animal origin (OJ 1990 L 224, p. 1), the
composed of M. Jaeger, President and K. Lenaerts and J. Azizi,                 Commission has failed to comply with its obligations under
Judges; D. Christensen, Administrator, for the Registrar, has                  Community law and (2) damages under Article 235 EC and
given a judgment on 27 February 2003, in which it:                             the second paragraph of Article 288 EC, the Court of First
                                                                               Instance (Second Chamber), composed of: R.M. Moura Ramos,
1.     Annuls the Decision of the Commission of 25 July 2000                   President, J. Pirrung and A.W.H. Meij, Judges; J. Plingers,
       finding that recovery of import duties is not justified in a special    Administrator, for the Registrar, has given a judgment on
       case (REM 49/99);                                                       26 February 2003, in which it has ruled: