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Order of the President of the Court of First Instance of 31 October 2000. # Bruno Farmaceutici SpA and Others v Commission of the European Communities. # Proceedings for interim relief - Withdrawal of marketing authorisation for medicinal products for human use containing amfepramone - Directive 75/319/EEC - Urgency - Need to balance interests. # Case T-76/00 R.
ECLI:EU:T:2000:248
62000TO0076(01)
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62000B0076(01)
European Court reports 2000 Page II-03557 Pub.RJ Page Pub somm
Summary
In the context of an application for suspension of the operation of a Commission decision concerning the withdrawal of marketing authorisation for certain medicinal products, while the requirements of the protection of public health must unquestionably be given precedence over economic considerations when balancing the competing interests, mere reference to the protection of public health cannot exclude an examination of the circumstances of the case, in particular of the relevant facts.
The balance of interests favours suspension of the operation of such a decision where, first, it appears highly probable that its operation would entail the definitive loss of the applicant's position in the market even if the court hearing the main application were to annul the decision and, second, the Commission has not been able to show why the protective measures contained in a previous decision based on identical data, and consisting solely in a change to the compulsory information which must be included in national authorisations, have proved to be insufficient to protect public health.
Parties
In Case T-76/00 R,
Bruno Farmaceutici SpA, established in Rome (Italy),
Essential Nutrition Ltd, established in Brough (United Kingdom),
Hoechst Marion Roussel Ltd, established in Uxbridge (United Kingdom),
Hoechst Marion Roussel SA, established in Brussels (Belgium),
Marion Merrell SA, established in Puteaux (France),
Marion Merrell SA, established in Barcelona (Spain),
Sanova Pharma GmbH, established in Vienna (Austria),
Temmler Pharma GmbH & Co. KG, established in Marburg (Germany),
represented by B. Sträter, Rechtsanwalt, Bonn, with an address for service in Luxembourg at the Chambers of Bonn and Schmidt, 7 Val Sainte-Croix,
applicants,
Commission of the European Communities, represented by H. Støvlbæk, of its Legal Service, acting as Agent, and B. Wägenbaur, of the Brussels Bar, with an address for service in Luxembourg at the office of C. Gómez de la Cruz, of its Legal Service, Wagner Centre, Kirchberg,
defendant,
APPLICATION for suspension of operation of the Commission decision of 9 March 2000 concerning the withdrawal of marketing authorisations for medicinal products for human use which contain amfepramone (C(2000) 453),
(The grounds of the order are not reproduced.)
Grounds
(The grounds of the order are not reproduced.)
Operative part
hereby orders: