CELEX: C1997/252/71
Language: en
Date: 1997-08-16 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 9 June 1997 in Case T-9/97: Elf Atochem SA v. Commission of the European Communities (Competition - Administrative procedure - Investigations - Drawing-up of reports following an investigation - Actions for annulment of measures - Actionable measures - Inadmissibility)

No C 252/32           EN                 Official Journal of the European Communities                                    16 . 8 . 97
     ORDER OF THE COURT OF FIRST INSTANCE                                ORDER OF THE COURT OF FIRST INSTANCE
          (Fifth Chamber, Extended Composition )                                             of 9 June 1997
                                                                    in Case T-9/97: Elf Atochem SA v. Commission of the
                         of 3 June 1997
                                                                                       European Communities (')
in Case T-60/96: Merck & Co. Inc. and Others, v.                    (Competition        —       Administrative   procedure        —
        Commission of the European Communities (')                  Investigations — Drawing-up of reports following an
(Free Movement of goods — Transitional measures — Act               investigation — Actions for annulment of measures —
of accession — Protective measures — Pharmaceutical                             Actionable measures — Inadmissibility)
    products — Action for annulment — Inadmissibility)                                       ( 97/C 252/71 )
                         ( 97/C 252/70 )
                                                                                     (Language of the case: French)
                (Language of the case: English)                     In Case T-9/97: Elf Atochem SA, established at Puteaux
                                                                    ( France ), represented by Xavier de Roux, of the Paris Bar,
                                                                    with an address for service in Luxembourg at the
                                                                    Chambers of Jacques Loesch, 11 Rue Goethe, v.
In Case , T-60/96 : Merck & Co. Inc., established at                Commission of the European Communities ( Agent:
Whitehouse Station, New Jersey (United States of                    Wouter Wils ) — application for annulment of the reports
America ), NV Organon, established at Oss (Netherlands ),           and annexes thereto drawn up by the Commission on 18 ,
Glaxo Wellcome pic, established at Greenford (United                19 and 20 November 1996 following an investigation
Kingdom ), represented by Romano Subiotto, Solicitor, and           carried out pursuant to Article 14 (2 ) of Council
Mario Siragusa, of the Rome Bar, with an address for                Regulation No 17, First regulation implementing
service in Luxembourg at the Chambers of Elvinger &                 Articles 85 and 86 of the Treaty, of 6 February 1962 ( OJ,
Hoss, 15 Cote d'Eich, against Commission of the                     English Special Edition 1959-1962, p. 87) at the
European Communities ( Agents : Richard Wainwright and              applicant's registered office in the context of an inquiry
Fernando Castillo de la Torre ) — application for                   concerning the existence of certain agreements or
annulment of Commission Decisions C(95)3316 final/1 ,               concerted practices contrary to Article 85 ( 1 ) of the Treaty
C(95)3316 final/2 and C(95)3316 def./2, K(95)3316                   in the olefins and polyolefins sector ( Case No IV/E-2/
endg./3 , K(95)3316 endg./4, K(95)3316 endelig. udg./5 ,            35.765 ) — the Court of First Instance ( First Chamber),
C(95)3316 final/6 and C(95)3316 final/7 of 20 December              composed of: A. Saggio, President; V. Tiili and R. M.
1995 refusing the authorization sought, respectively, by            Moura-Ramos, Judges; H. Jung, Registrar, made an order
France, Belgium, Germany, Austria, Denmark, Ireland and             on 9 June 1997, the operative part of which is as follows:
the United Kingdom to take protective measures with
regard to pharmaceutical products coming from Spain —
the Court of First Instance ( Fifth Chamber, Extended               1 . The application is dismissed as inadmissible.
Composition), composed of R. García-Valdecasas,
President, and V. Tiili, J. Azizi, R. M. Moura Ramos and            2 . The applicant is ordered to pay all the costs.
M. Jaeger, Judges; H. Jung, Registrar, made an order on
3 June 1997, the operative part of which is as follows :            o OJ No C 74, 8 . 3 . 1997.
1 . The application is dismissed as inadmissible.
                                                                                    ORDER OF THE PRESIDENT
2 . The applicants are ordered jointly and severally to pay                    OF THE COURT OF FIRST INSTANCE
     the costs.
                                                                                            of 19 June 1997
                                                                    in Case T-159/97 R: Luis Manuel Chaves Fonseca Ferrão
3 . The applications to intervene need not be considered.           v. Office for Harmonization in the Internal Market (trade
                                                                                           marks and designs )
                                                                     (Office for Harmonization in the Internal Market (trade
4 . The Bundesverband der Arzneimittel-Importeure e.V. ,            marks and designs) — Decision of the President of the
     the Asociación de Exportadores Españoles de                     Office relating to the organization of Boards of Appeal —
     Productos Farmacéuticos and the Vereniging Euro                                  Periculum in mora — None )
     Specialités are to bear their own costs.                                                 ( 97/C 252/72 )
(') OJ No C 197, 6 . 7. 1996 .                                                       (Language of the case: French)
                                                                    In Case T-159/97: Luis Manuel Chaves Fonseca Ferrão, a
                                                                    member of the First Board of Appeal of the Office for the