Action brought on 13 June 2006 — European Association of Euro-Pharmaceutical Companies v Commission

(Case T-153/06)

(2006/C 178/68)

Language of the case: English

Parties

Applicant: European Association of Euro-Pharmaceutical Companies (Brussels, Belgium) (represented by: W. Rehmann, M. Hartmann-Rüppel, lawyers)

Defendant: Commission of the European Communities

Form of order sought

Pleas in law and main arguments

The applicant seeks the annulment of the Commission's decision in cases COMP/38.181, 38.274 and 38.275 — EAEPC/Glaxo Greece (Imigran, Lamictal, Severent) relating to three complaints of the applicant arguing that the Greek subsidiary of GlaxoSmithKline would infringe Article 82 EC by refusing to supply the three products Imigran, Lamictal and Severent to Greek pharmaceutical wholesalers and therewith limiting parallel trade. The contested decision informs the complainant that the Greek Competition Authority is dealing with the case and rejects the complaints pursuant to Article 13 of Council Regulation No 1/2003 (1).

In support of its application, the applicant submits that the Commission has infringed the obligation to give a sufficient statement of reasons. According to the applicant, a mere reference to the wording of Article 13 of Regulation No 1/2003 is not sufficient to allow the complainant to assess whether the Commission has taken into account all facts and circumstances and the judiciary to exercise its power of review.

The applicant furthermore submits that the Commission has infringed Article 211 and 85 EC and Regulation No 1/2003 by not taking back the responsibility of a case from the Greek Competition Authority under Article 11(6) of Regulation 1/2003. According to the applicant, the Commission failed to take into account that the national procedure takes too long to achieve a sufficient result, that the complaints raised new and fundamental questions of EC competition law and addressed problems that exist in more than one Member State, and that the Commission has to assure the efficient enforcement of EC competition law.

(1)  Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (Text with EEA relevance) (OJ L 1, p. 1).