14.8.2010

Official Journal of the European Union

C 221/33

(Case T-321/05) (<span class="super">1</span>)

(Competition - Abuse of dominant position - Market in anti-ulcer medicines - Decision finding an infringement of Article 82 EC - Market definition - Significant competitive constraints - Abuse of procedures relating to supplementary protection certificates for medicinal products and of marketing authorisation procedures for medicinal products - Misleading representations - Deregistration of marketing authorisations - Obstacles to the marketing of generic medicinal products and to parallel imports - Fines)

2010/C 221/52

Language of the case: English

Parties

Applicants: AstraZeneca AB (Södertälje, Sweden); and AstraZeneca plc (London, United Kingdom) (represented initially by M. Brealey QC, M. Hoskins, D. Jowell, Barristers, F. Murphy, G. Sproul, I. MacCallum and C. Brown, Solicitors, and subsequently by M. Brealey, M. Hoskins, D. Jowell, F. Murphy and C. Brown, and lastly by M. Brealey, M. Hoskins, D. Jowell and F. Murphy)

Defendant: European Commission (represented initially by F. Castillo de la Torre, É. Gippini Fournier and A. Whelan, and subsequently by F. Castillo de la Torre, É. Gippini Fournier and J. Bourke, Agents)

Intervener in support of the applicants: European Federation of Pharmaceutical Industries and Associations (EFPIA) (Geneva, Switzerland)

Re:

Application for annulment of Commission Decision C(2005) 1757 final of 15 June 2005 relating to a proceeding under Article 82 [EC] and Article 54 of the EEA Agreement (Case COMP/A.37.507/F3 — AstraZeneca)

Operative part of the judgment

The Court:

1.Annuls Article 1(2) of Commission Decision C(2005) 1757 final of 15 June 2005 relating to a proceeding under Article 82 [EC] and Article 54 of the EEA Agreement (Case COMP/A.37.507/F3 — AstraZeneca) in so far as it finds that AstraZeneca AB and AstraZeneca plc infringed Article 82 EC and Article 54 of the EEA Agreement by requesting the deregistration of the Losec capsule marketing authorisations in Denmark and Norway in combination with the withdrawal from the market of Losec capsules and the launch of Losec MUPS tablets in those two countries, inasmuch as it was found that those actions were capable of restricting parallel imports of Losec capsules in those countries;

2.Sets the fine imposed by Article 2 of that decision jointly and severally on AstraZeneca AB and AstraZeneca plc at EUR 40 250 000 and the fine imposed by that article on AstraZeneca AB at 12 250 000 euros;

3.Dismisses the remainder of the application;

4.Orders AstraZeneca AB and AstraZeneca plc to bear 90 % of their own costs and to pay 90 % of the costs of the European Commission, with the exception of the Commission’s costs incurred in connection with the intervention of the European Federation of Pharmaceutical Industries and Associations (EFPIA);

5.Orders the EFPIA to bear its own costs;

6.Orders the Commission to bear its own costs incurred in connection with the intervention of the EFPIA, 10 % of the remainder of its own costs and to pay 10 % of the costs of AstraZeneca AB and AstraZeneca plc.

(<span class="super">1</span>) OJ C 271, 29.10.2005.