Judgment_paragraph 77 · CEVA Santé Animale SA and Pharmacia Entreprises SA v Commission of the European Communities (T-344/00, T-345/00)

77The applicants argue that the Commission's adoption of a draft regulation for including progesterone in Annex I to the 1990 Regulation does not bring its failure to act to an end. They argue that, in that draft, the Commission did not follow the opinion of the CVMP, which recommended inclusion in Annex II to the 1990 Regulation, reserved for substances not subject to an MRL. Instead it proposed inclusion in Annex I and indicative MRLs so that possible illegal use of progesterone might be checked. The applicants argue that the Commission's attempt to establish additional control measures by means of the procedure for fixing MRLs is contrary to the 1990 Regulation. In this connection, they cite the judgments in Lilly Industries v Commission and Joined Cases T-125/96 and T-152/96 Boehringer v Council and Commission [1999] ECR II-3427.