ORDER OF THE COURT (Fourth Chamber)

3 September 2021 (*1)

(Rectification of judgment)

In Case C‑614/16 P‑REC,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 28 November 2016,

Merck KGaA, established in Darmstadt (Germany), represented by B. Bär-Bouyssière and S. Smith, Solicitors, and by R. Kreisberger QC and D. Mackersie, Barrister,

applicant,

the other parties to the proceedings being:

European Commission, represented by F. Castilla Contreras, T. Vecchi, B. Mongin and C. Vollrath, acting as Agents, and by S. Kingston, Senior Counsel,

defendant at first instance,

supported by:

United Kingdom of Great Britain and Northern Ireland, represented initially by D. Guðmundsdóttir, Z. Lavery and D. Robertson, acting as Agents, and by J. Holmes QC, and subsequently by D. Guðmundsdóttir, acting as Agent, and by J. Holmes QC,

intervener in the appeal,

Generics (UK) Ltd,

intervener at first instance,

THE COURT (Fourth Chamber),

composed of M. Vilaras, President of the Chamber, D. Šváby (Rapporteur), S. Rodin, K. Jürimäe and P.G. Xuereb, Judges,

Advocate General: J. Kokott,

Registrar: A. Calot Escobar,

after hearing the Advocate General,

makes the following

1On 25 March 2021, the Court (Fourth Chamber) delivered the judgment in Merck v Commission (C‑614/16 P, not published, EU:C:2021:246).

2The introductory part of that judgment contains errors which it is appropriate for the Court to rectify at the request of the European Commission, pursuant to Article 154(1) of the Rules of Procedure of the Court of Justice, which applies to the procedure on appeal pursuant to Article 190(1) of those rules.

On those grounds, the Court (Fourth Chamber) hereby orders:

‘European Commission, represented by F. Castilla Contreras, T. Vecchi, B. Mongin and C. Vollrath, acting as Agents, and by S. Kingston, Senior Counsel,’

Luxembourg, 3 September 2021.

Registrar

President of the Fourth Chamber

*

Language of the case: English.