EN

Official Journal of the European Union

C 38/74

(Case T-717/15)

(2016/C 038/100)

Language of the case: English

Parties

Applicant: Drugsrus Ltd (London, United Kingdom) (represented by: M. Howe and S. Ford, Barristers, and R. Sanghvi, Solicitor)

Defendant: European Medicines Agency

Form of order sought

The applicant claims that the Court should:

—annul the decision contained in the EMA’s email dated 8 October 2015, that Drugsrus is not permitted to rebrand as Eklira Genuair, a product imported as Bretaris Genuair; and

—order EMA to pay the applicant’s costs.

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law.

The applicant contends that the EMA has erred in law in concluding that it is impermissible to rebrand centrally authorised medicinal products. It submits that under the rules of the TFUE on the free movement of goods, a parallel importer is permitted to repackage and/or rebrand a product for parallel distribution provided that such repackaging or rebranding is objectively necessary in order that the imported product can gain effective access to the market of the importing Member State.