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(Case T-275/09)(1)
(Action for annulment - Medicinal products for human use - Active substance eszopiclone - Marketing authorisation - Refusal of recognition as a new active substance - Act not amenable to review - Inadmissibility)
2011/C 282/31
Language of the case: English
Applicant: Sepracor Pharmaceuticals (Ireland) Ltd (Dublin, Ireland) (represented by: I. Dodds-Smith, Solicitor, D. Anderson QC, and J. Stratford, Barrister)
Defendant: European Commission (represented by: A. Sipos, and subsequently by M. Wilderspin and M. Šimerdová, Agents)
ACTION for annulment of the decision in the letter of the Commission addressed to the applicant on 6 May 2009 in the context of the procedure for authorising the placing on the market of Lunivia, inasmuch as it concerns classification of the active substance eszopiclone
1.The action is dismissed as inadmissible.
2.Sepracor Pharmaceuticals (Ireland) Ltd shall pay the costs.
(1)
OJ C 220, 12.9.2009.