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Case T-12/12: Judgment of the General Court of (Fifth Chamber) of 4 July 2012 — Laboratoires CTRS v Commission (Medicinal products for human use — Marketing authorisation for the medicinal product Orphacol — Letter informing the applicant of the Commission’s intention to refuse authorisation — Application for a declaration of failure to act — Definition of position by the Commission — Inadmissibility — Application for annulment — Adoption of a new decision — No need to adjudicate)
ECLI:EU:UNKNOWN:62012TA0012
62012TA0012
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11.8.2012
Official Journal of the European Union
C 243/18
(Case T-12/12)(1)
(Medicinal products for human use - Marketing authorisation for the medicinal product Orphacol - Letter informing the applicant of the Commission’s intention to refuse authorisation - Application for a declaration of failure to act - Definition of position by the Commission - Inadmissibility - Application for annulment - Adoption of a new decision - No need to adjudicate)
2012/C 243/35
Language of the case: English
Parties
Applicant: Laboratoires CTRS (Boulogne-Billancourt, France) (represented by: K. Bacon, Barrister, M. Utges Manley and M. Barnden, Solicitors)
Defendant: European Commission (represented by: E. White and L. Banciella, acting as Agents)
Interveners in support of the applicant: Czech Republic (represented by: M. Smolek and D. Hadroušek, acting as Agents), French Republic (represented by: G. de Bergues, acting as Agent), and by United Kingdom of Great Britain and Northern Ireland (represented: initially by E. Jenkinson and S. Ossowski, and subsequently by E. Jenkinson and H. Walker, acting as Agents, and by J. Holmes, Barrister)
Re:
Application for a declaration that the Commission failed to act in unlawfully failing to adopt a final decision in relation to the applicant’s application for a marketing authorisation for the medicinal product Orphacol, and, in the alternative, for annulment of the decision, allegedly contained in the Commission’s letter of 5 December 2011, not to grant that authorisation to the applicant
Operative part of the judgment
The Court:
1.Dismisses the application for a declaration of failure to act as inadmissible;
2.Rules that there is no longer any need to adjudicate on the application for annulment submitted in the alternative;
3.Orders the European Commission to bear its own costs and to pay those incurred by Laboratoires CTRS;
4.Orders the Czech Republic, the French Republic and the United Kingdom of Great Britain and Northern Ireland to bear their own respective costs.
(1)
OJ C 58, 25.2.2012.