Judgment_paragraph 152 · Boehringer Ingelheim Vetmedica GmbH and C.H. Boehringer Sohn v Council of the European Union and Commission of the European Communities (T-125/96, T-152/96)

152The fact that the applicants hold a large market share for clenbuterol products does not in itself distinguish them from others affected by the measure in question, such as Agraria. Furthermore, since patent protection for clenbuterol has expired, other undertakings could legally manufacture it and obtain marketing authorisation, in which case Regulation No 1312/96 would apply to them in the same manner as it applies to the applicants. In relation to the contested regulation, therefore, the applicants are not in a situation which distinguishes them from any other trader (see Case T-298/94 Roquette Frères ν Council [1996] ECR II-1531, paragraph 42).

Boehringer Ingelheim Vetmedica GmbH and C.H. Boehringer Sohn v Council of the European Union and Commission of the European Communities (T-125/96, T-152/96)

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