Notice for the OJ
JUDGMENT OF THE COURT OF FIRST INSTANCE
26 February 2003
in Cases T-344/00 and T-345/00: CEVA Santé animale SA and Pharmacia Entreprises SA v Commission of the European Communities(1) (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 to act ( No need to adjudicate ( Actions in damages ( Liability of the Community ( Causal link ( Interlocutory judgment)
(Language of the case: English)
In Joined Cases T-344/00 and T-345/00, CEVA Santé animale SA, established in Libourne (France), and Pharmacia Entreprises SA, formerly Pharmacia & Upjohn SA, established in Luxembourg, represented by D. Waelbroeck and D. Brinckman, lawyers, with an address for service in Luxembourg, supported by Fédération européenne de la santé animale (Fedesa), established in Brussels, represented by A. Vandencasteele, lawyer, with an address for service in Luxembourg; Intervener: in Case T-345/00, Commission of the European Communities (Agents: T. Christoforou and M. Shotter): Application for (1) a declaration under Article 232 EC that, by failing to take the necessary measures for the inclusion of progesterone in Annex II to Council Regulation (EEC) No 2377/90 of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin (OJ 1990 L 224, p. 1), the Commission has failed to comply with its obligations under Community law and (2) damages under Article 235 EC and the second paragraph of Article 288 EC, the Court of First Instance (Second Chamber), composed of: R.M. Moura Ramos, President, J. Pirrung and A.W.H. Meij, Judges; J. Plingers, Administrator, for the Registrar, has given a judgment on 26 February 2003, in which it has ruled:
1.There is no longer any need to give judgment on the actions for failure to act.
2.The Commission's inaction between 1 January 2000 and 25 July 2001 is such as to render the Community liable.
3.Within six months of the date of delivery of the present judgment the parties shall inform the Court of the amount of damages which they claim, as agreed with the Commission.
4.In the event of failure to agree the amount, the parties shall submit to the Court, within the same period, their calculations of the amount of damages attributable to the Commission's inaction between 1 January 2000 and 25 July 2001.
5.The costs are reserved.
____________1 - OJ C 45 of 10.02.2001