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Case T-295/16: Order of the General Court of 7 March 2017 — SymbioPharm v EMA (Action for annulment — Medicinal products for human use — Commencement of the procedure for referral to the EMA — Articles 31 to 34 of Directive 2001/83/EC — Medicinal product Symbioflor 2 and medicinal products with similar designations — Act not open to challenge — Preparatory act — Inadmissibility)

ECLI:EU:UNKNOWN:62016TB0295

62016TB0295

March 7, 2017
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Official Journal of the European Union

C 144/45

(Case T-295/16) (<span class="super note-tag">1</span>)

((Action for annulment - Medicinal products for human use - Commencement of the procedure for referral to the EMA - Articles 31 to 34 of Directive 2001/83/EC - Medicinal product Symbioflor 2 and medicinal products with similar designations - Act not open to challenge - Preparatory act - Inadmissibility))

(2017/C 144/61)

Language of the case: German

Parties

Applicant: SymbioPharm GmbH (Herborn, Germany) (represented by: A. Sander, lawyer)

Defendant: European Medicines Agency (EMA) (represented by: T. Jabłoński, N. Rampal Olmedo, I. Ratescu, acting as Agents)

Re:

Application based on Article 263 TFEU asking for annulment of the letter from the EMA of 1 April 2016 to initiate a referral procedure referred to in Articles 32 to 34 of 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), concerning medicinal product Symbioflor 2 and similarly named medicinal products following a notification by the Federal Republic of Germany under Article 31 of that Directive.

Operative part of the order

1.The action is dismissed as being inadmissible.

2.SymbioPharm GmbH is ordered to pay the costs.

(<span class="note">1</span>) OJ C 279, 1.8.2016.

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