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Case T-191/17: Action brought on 27 March 2017 — Boehringer Ingelheim International v Commission
ECLI:EU:UNKNOWN:62017TN0191
62017TN0191
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6.6.2017
EN
Official Journal of the European Union
C 178/27
(Case T-191/17)
(2017/C 178/40)
Language of the case: English
Parties
Applicant: Boehringer Ingelheim International GmbH (Ingelheim am Rhein, Germany) (represented by: C. Schoonderbeek, lawyer)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—annul the Commission Implementing Decision of 19 January 2017 C(2017)379(final);
—state that the effects of this Commission Implementing Decision remain in force until the European Commission has adopted a new decision; and
—order the European Commission to pay its own costs and those of the applicant.
Pleas in law and main arguments
In support of the action, the applicant relies on two pleas in law.
1.First plea in law, alleging that the Commission’s decision of 19 January 2017 constitutes a violation of Article 12(1) of Regulation (EC) No 726/2004, read in conjunction with Article 11 of Directive 2001/83/EC and the Notice to Applicants.
2.Second plea in law, alleging that the Commission’s decision of 19 January 2017 is not consistent with the application of the relevant provisions and guidelines and regulatory practice in other cases and thus constitutes a violation of the principles of equal treatment and non-discrimination and results in a distortion of the level playing field.