Judgment_paragraph 49 · Nancy Fern Olivieri v Commission of the European Communities and European Agency for the Evaluation of Medicinal Products (T-326/99)

49The applicant submits that Article 230 EC does not contain an exhaustive list of the institutions whose acts are amenable to review (Case 294/83 Les Verts v Parliament [1986] ECR 1339, paragraphs 21 and 23) and that the EMEA is an ‘auxiliary body vested with specific powers of an administrative nature’ whose acts must be capable of being the subject of an action for annulment (Joined Cases 193/87 and 194/87 Maurissen and European Public Service Union v Court of Auditors [1989] ECR 1045, and the Opinion of Advocate General Darmon in that case, at point 54). She also submits that it is necessary to examine the effects of the CPMP's opinion in order to find out whether or not it is amenable to review (Case 22/70 Commission v Council [1971] ECR 263). She submits that the CPMP's opinion is the culmination of a special procedure (Joined Cases 8/66 to 11/66 Cimenteries and Others v Commission [1967] ECR 75) and observes that while Article 10(1) of Regulation No 2309/93 states that the Commission is not bound by that opinion, it is rarely in a position to contradict the CPMP and it most often decides to follow it.

Nancy Fern Olivieri v Commission of the European Communities and European Agency for the Evaluation of Medicinal Products (T-326/99)

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