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Order of the President of the Court of First Instance of 31 October 2000. # Schuck GmbH v Commission of the European Communities. # Proceedings for interim relief - Withdrawal of marketing authorisation for medicinal products for human use containing norpseudoephdrine - Directive 75/319/EEC - Urgency - Need to balance interests. # Case T-83/00 R II.
ECLI:EU:T:2000:250
62000TO0083(02)
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62000B0083(02)
European Court reports 2000 Page II-03585 Pub.RJ Page Pub somm
Summary
(Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(1) and (2))
(Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104 (1) and (2))
Summary
( see paras 42-44 )
In the context of an application for suspension of the operation of a Commission decision concerning the withdrawal of marketing authorisation for certain medicinal products, while the requirements of the protection of public health must unquestionably be given precedence over economic considerations when balancing the competing interests, mere reference to the protection of public health cannot exclude an examination of the circumstances of the case, in particular of the relevant facts.
The balance of interests favours suspension of the operation of such a decision where, first, it appears highly probable that its operation would entail the definitive loss of the applicant's position in the market even if the court hearing the main application were to annul the decision and, second, the Commission has not been able to show why the protective measures contained in a previous decision based on identical data, and consisting solely in a change to the compulsory information which must be included in national authorisations, have proved to be insufficient to protect public health.
( see paras 46-51 )
Parties
In Case T-83/00 R II,
Schuck GmbH, established in Schwaig (Germany), represented by B. Sträter, Rechtsanwalt, Bonn, with an address for service in Luxembourg at the Chambers of Bonn and Schmidt, 7 Val Sainte-Croix,
applicant,
Commission of the European Communities, represented by H. Støvlbæk, of its Legal Service, acting as Agent, and B. Wägenbaur, of the Brussels Bar, with an address for service in Luxembourg at the office of C. Gómez de la Cruz, of its Legal Service, Wagner Centre, Kirchberg,
defendant,
APPLICATION for suspension of operation of the Commission's decision of 9 March 2000 concerning the withdrawal of marketing authorisations of medicinal products for human use which contain, inter alia, norpseudoephedrine (C(2000) 608),
(The grounds of the order are not reproduced.)
Grounds
(The grounds of the order are not reproduced.)
Operative part
hereby orders: