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Case T-268/22: Order of the General Court of 16 October 2023 — Biogen Netherlands v Commission (Public health — Medicinal products for human use — Request to grant an additional year of marketing protection for Tecfidera-Dimethyl fumarate — Refusal of request — Repeal and replacement of the contested decision — Action which has become devoid of purpose — No need to adjudicate)
ECLI:EU:UNKNOWN:62022TB0268
62022TB0268
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Official Journal of the European Union
Series C
C/2024/456
(Case T-268/22) (<span class="oj-super oj-note-tag">1</span>)
(Public health - Medicinal products for human use - Request to grant an additional year of marketing protection for Tecfidera-Dimethyl fumarate - Refusal of request - Repeal and replacement of the contested decision - Action which has become devoid of purpose - No need to adjudicate)
(C/2024/456)
Language of the case: English
Parties
Applicant: Biogen Netherlands BV (Badhoevedorp, Netherlands) (represented by: C. Schoonderbeek, lawyer)
Defendant: European Commission (represented by: K. Mifsud-Bonnici, A. Sipos and E. Mathieu, acting as Agents)
Re:
By its action based on Article 263 TFEU, the applicant seeks annulment of Commission Implementing Decision C(2022) 3251 final of 13 May 2022, amending Commission Implementing Decision C(2014) 601 final of 30 January 2014 granting marketing authorisation for ‘Tecfidera — Dimethyl fumarate’, a medicinal product for human use 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 use and establishing a European Medicines Agency (OJ 2004 L 136, p. 1), as amended.
Operative part of the order
1.There is no longer any need to adjudicate on the action.
2.There is no longer any need to rule on the application to intervene lodged by Mylan Ireland Limited.
3.Biogen Netherlands BV and the European Commission shall bear their own costs.
4.Mylan Ireland shall bear its own costs relating to the application to intervene.
Language of the case: English.
ELI: http://data.europa.eu/eli/C/2024/456/oj
ISSN 1977-091X (electronic edition)
* * *
(<span class="oj-super">1</span>) OJ C 284, 25.7.2022.
ECLI:EU:C:2024:456
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