Judgment of the Court of First Instance (Second Chamber) of 26 February 2003.

CEVA Santé Animale SA and Pharmacia Entreprises SA v Commission of the European Communities.

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) - Reexamination 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.

Joined cases T-344/00 and T-345/00.

Reports of Cases

2003 II-00229

• (Appeal Case before the Court of Justice C-198/03 P)