33In that respect, in paragraphs 188 to 191 of the contested judgment, the Court of First Instance referred in the following terms to its judgment in Case T-120/96 Lilly Industries v Commission [1998] ECR II-2571 (‘the Lilly judgment’):188 In that respect, the Court has already held, in Lilly, that the procedure for the establishment of an MRL under Regulation No 2377/90 is independent of, and distinct from, the procedures for the issue of the marketing authorisations laid down in Directive 81/851 and Regulation No 2309/93 (see paragraph 88 of the Lilly judgment).189 The Court has also pointed out (in paragraph 89 of the Lilly judgment) that those two measures, which govern respectively the issue of national and Community authorisations for the marketing of veterinary medicines, expressly provide that marketing authorisation for a product will be refused where its use is prohibited under other provisions of Community law (see point 3 of the first paragraph of Article 11 of Directive 81/851 and point 3 of the first paragraph of Article 33 of Regulation No 2309/93).190 However, Regulation No 2377/90 contains no provision authorising the Commission to take account of a ban on marketing in refusing to establish an MRL (paragraph 90 of the Lilly judgment).191 The Court concluded (at paragraph 92 of the Lilly judgment) that the Commission was not legally entitled to base its decision refusing to establish an MRL for somidibove, a recombinant bovine somatotrophin (BST), on the existence of the moratorium on BST.’
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