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Case T-783/17: Action brought on 1 December 2017 — GE Healthcare v Commission

ECLI:EU:UNKNOWN:62017TN0783

62017TN0783

December 1, 2017
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5.2.2018

EN

Official Journal of the European Union

C 42/34

(Case T-783/17)

(2018/C 042/48)

Language of the case: English

Parties

Applicant: GE Healthcare A/S (Oslo, Norway) (represented by: D. Scannell, Barrister, G. Castle and S. Oryszczuk, Solicitors)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

annul the European Commission’s decision C(2017) 7941 final of 23 November 2017 suspending the applicant’s marketing authorisations for Omniscan (INN gadodiamide);

order the defendant to pay the applicant’s legal and other costs and expenses in relation to the present matter.

Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.

1.First plea in law, alleging that the contested decision infringes Article 116 of Directive 2001/83/EC (1)

2.Second plea in law, alleging that the contested decision infringes the precautionary principle.

3.Third plea in law, alleging that the contested decision breaches the principle of non-discrimination.

4.Fourth plea in law, alleging that the contested decision is in any event disproportionate.

5.Fifth plea in law, alleging that the contested decision infringes the general principle of good administration.

(1) Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ 2001 L 311, p. 67).

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