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Case T-562/19: Order of the General Court of 2 July 2020 — Klein v Commission (Action for failure to act — Medical devices — Article 8(1) and (2) of Directive 93/42/EEC — Safeguard clause procedure — Notification by a Member State of a decision prohibiting the placing on the market of a medical device — Absence of a decision by the Commission — Out of time — Inadmissibility)
ECLI:EU:UNKNOWN:62019TB0562
62019TB0562
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Official Journal of the European Union
C 348/13
(Case T-562/19) (*)
(Action for failure to act - Medical devices - Article 8(1) and (2) of Directive 93/42/EEC - Safeguard clause procedure - Notification by a Member State of a decision prohibiting the placing on the market of a medical device - Absence of a decision by the Commission - Out of time - Inadmissibility)
(2020/C 348/19)
Language of the case: German
Parties
Applicant: Christoph Klein (Großgmain, Austria) (represented by: H.-J. Ahlt, lawyer)
Defendant: European Commission (represented by: A. C. Becker, F. Thiran and G. von Rintelen, acting as Agents)
Re:
Application under Article 265 TFEU for a declaration that the 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 (OJ 1993 L 169, p. 1) in respect of the device Inhaler Broncho Air®.
Operative part of the order
1.The action is dismissed as inadmissible.
2.Mr Christoph Klein shall pay the costs.
(*)
Language of the case: German.
* * *
(1) OJ C 337, 7.10.2019.