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Case T-223/20: Judgment of the General Court of 13 November 2024 – Orion v Commission (Medicinal products for human use – Generic medicinal products – Decision granting marketing authorisation for the medicinal product for human use Dexmedetomidine Accord – dexmedetomidine – Eligibility of a medicinal product as a reference medicinal product – Article 10(1) and (2) of Directive 2001/83/EC)

ECLI:EU:UNKNOWN:62020TA0223

62020TA0223

November 13, 2024
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Official Journal of the European Union

C series

C/2025/261

(Case T-223/20)

(Medicinal products for human use - Generic medicinal products - Decision granting marketing authorisation for the medicinal product for human use Dexmedetomidine Accord - dexmedetomidine - Eligibility of a medicinal product as a reference medicinal product - Article 10(1) and (2) of Directive 2001/83/EC)

(C/2025/261)

Language of the case: English

Parties

Applicant: Orion Oyj (Espoo, Finland) (represented by: C. Schoonderbeek, lawyer, J. Mulryne and E. Amos, Solicitors, and J. Stratford, Barrister-at-Law)

Defendant: European Commission (represented by: L. Haasbeek, E. Mathieu and R. Lindenthal, acting as Agents)

Intervener in support of the defendant: Accord Healthcare, SL (represented by: C. Drew, Solicitor, D. Piccinin, Barrister, and T. Johnston, Barrister-at-Law)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of Commission Implementing Decision C(2020) 942 (final) of 13 February 2020 granting marketing authorisation under Regulation (EC) No 726/2004 of the European Parliament and of the Council [of 31 March 2004 laying down Union procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (OJ 2004 L 136, p. 1)] for ‘Dexmedetomidine Accord – dexmedetomidine’, a medicinal product for human use.

Operative part of the judgment

The Court:

1.Annuls Commission Implementing Decision C(2020) 942 (final) of 13 February 2020 granting marketing authorisation under Regulation (EC) No 726/2004 of the European Parliament and of the Council [of 31 March 2004 laying down Union procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency] for the medicinal product for human use ‘Dexmedetomidine Accord – dexmedetomidine’;

2.Orders the European Commission to bear its own costs and to pay the costs incurred by Orion Oyj;

3.Orders Accord Healthcare, SL to bear its own costs.

Language of the case: English.

ELI: http://data.europa.eu/eli/C/2025/261/oj

ISSN 1977-091X (electronic edition)

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