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Case T-136/21: Order of the General Court of 9 November 2021 — Amort and Others v Commission (Action for annulment — Medicinal products for human use — Conditional marketing authorisation for the medicinal product for human use ‘COVID-19 Vaccine Moderna — COVID-19 mRNA Vaccine (nucleoside-modified)’ — No legal interest in bringing proceedings — No direct concern — No individual concern — Non-regulatory act — Inadmissibility)
ECLI:EU:UNKNOWN:62021TB0136
62021TB0136
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17.1.2022
Official Journal of the European Union
C 24/40
(Case T-136/21) (<a id="ntc1-C_2022024EN.01004001-E0001" href="#ntr1-C_2022024EN.01004001-E0001">(<span class="oj-super oj-note-tag">1</span>)</a>)
(Action for annulment - Medicinal products for human use - Conditional marketing authorisation for the medicinal product for human use ‘COVID-19 Vaccine Moderna — COVID-19 mRNA Vaccine (nucleoside-modified)’ - No legal interest in bringing proceedings - No direct concern - No individual concern - Non-regulatory act - Inadmissibility)
(2022/C 24/53)
Language of the case: German
Parties
Applicants: Heidi Amort (Jenesien, Italy) and 37 other applicants whose names are set out in Annex I to the order (represented by: R. Holzeisen, lawyer)
Defendant: European Commission (represented by: B.-R. Killmann and A. Sipos, as Agents)
Re:
Application based on Article 263 TFEU seeking annulment of Commission Implementing Decision C(2021) 94 (final) of 6 January 2021, granting a conditional marketing authorisation under Regulation (EC) No 726/2004 of the European Parliament and of the Council for ‘COVID-19 Vaccine Moderna — COVID-19 mRNA Vaccine (nucleoside-modified)’, a medicinal product for human use.
Operative part of the order
1.The action is dismissed as inadmissible.
2.There is no longer a need to adjudicate on the applications to intervene submitted by TN, by TF, TG, TH and TI, by Jean Gouezo and the other persons whose names are set out in Annex II, by Stefano Del Gaudio and the other persons whose names are set out in Annex II, by TR and the other persons whose names are set out in Annex II, by VH and the other persons whose names are set out in Annex II, by Dieter Achtschin and the other persons whose names are set out in Annex II, and by Moderna Biotech Spain SL.
3.Ms Heidi Amort and the other persons whose names are set out in Annex I are ordered to pay the costs.
4.TN, TF, TG, TH and TI, Jean Gouezo and the other persons whose names are set out in Annex II, Stefano Del Gaudio and the other persons whose names are set out in Annex II, TR and the other persons whose names are set out in Annex II, VH and the other persons whose names are set out in Annex II, Dieter Achtschin and the other persons whose names are set out in Annex II, and Moderna Biotech Spain shall each bear their own costs relating to the applications to intervene.
(<a id="ntr1-C_2022024EN.01004001-E0001" href="#ntc1-C_2022024EN.01004001-E0001">(<span class="oj-super">1</span>)</a> OJ C 148, 26.4.2021).