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Case C-430/20 P: Judgment of the Court (Second Chamber) of 12 May 2022 — Christoph Klein v European Commission (Appeal — Article 265 TFEU — Action for failure to act — Directive 93/42/EEC — Medical devices — Article 8(1) and (2) — Safeguard clause procedure — Notification by a Member State of a decision prohibiting the placing on the market of a medical device — Prolonged lack of reaction on the part of the European Commission — Absence of a decision — Admissibility — Locus standi — Out of time — Request for action to be taken within a reasonable time — Principle of good administration — Obligation to state reasons of the General Court of the European Union)
ECLI:EU:UNKNOWN:62020CA0430
62020CA0430
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Official Journal of the European Union
C 257/6
(Case C-430/20 P) (<span class="oj-super oj-note-tag">1</span>)
(Appeal - Article 265 TFEU - Action for failure to act - Directive 93/42/EEC - Medical devices - Article 8(1) and (2) - Safeguard clause procedure - Notification by a Member State of a decision prohibiting the placing on the market of a medical device - Prolonged lack of reaction on the part of the European Commission - Absence of a decision - Admissibility - Locus standi - Out of time - Request for action to be taken within a reasonable time - Principle of good administration - Obligation to state reasons of the General Court of the European Union)
(2022/C 257/07)
Language of the case: German
Parties
Appellant: Christoph Klein (represented by: H.-J. Ahlt, Rechtsanwalt)
Other party to the proceedings: European Commission (represented: initially by C. Hermes, F. Thiran and M. Jáuregui Gómez, and subsequently by C. Hermes and F. Thiran, acting as Agents)
Operative part of the judgment
The Court:
1.Sets aside the order of the General Court of the European Union of 2 July 2020, Klein v Commission (T-562/19, EU:T:2020:300), in so far as the General Court dismissed as inadmissible the application made by Mr Christoph Klein under Article 265 TFEU for a declaration that the European Commission unlawfully failed to act in the safeguard clause procedure initiated by the Federal Republic of Germany on 7 January 1998 and adopt a decision in accordance with Council Directive 93/42/EEC of 14 June 1993 concerning medical devices in respect of the device Inhaler Broncho Air®;
2.Refers the case back to the General Court of the European Union for a decision on the merits;
3.Reserves the costs.
(<span class="oj-super">1</span>) OJ C 371, 3.11.2020.