9.2.2008 |
EN |
Official Journal of the European Union |
C 37/22 |
Order of the Court of First Instance of 5 December 2007 — Schering-Plough Ltd v Commission and EMEA
(Case T-133/03) (1)
(Action for annulment - Partial inadmissibility - Interest in bringing proceedings - Application devoid of purpose - No need to adjudicate)
(2008/C 37/32)
Language of the case: English
Parties
Applicant: Schering-Plough Ltd (Brussels, Belgium) (represented by: G. Berrisch and P. Bogaert, lawyers)
Defendants: Commission of the European Communities (represented by: H. Støvlbæk and M. Shotter, acting as Agents) European Agency for the Evaluation of Medicinal Products (EMEA), (Geneva, Switzerland) (represented by: initially by N. Khan, acting as Agent, and C. Sherliker, solicitor, and subsequently by C. Sherliker, solicitor, and T. Eicke, Barrister)
Intervener in support of the applicant: European Federation of Pharmaceutical Industries and Associations (EFPIA), established in Geneva (Switzerland), (represented by: N. Rampal, U. Zinsmeister and D. Waelbroeck, lawyers)
Re:
Action for the annulment of the EMEA measure of 14 February 2003 refusing a ‘Type 1’ variation of the name of the pharmaceutical form ‘oral lyophilisat’ from ‘Allex 5 mg oral lyophilisate’ to ‘Allex Reditabs 5 mg oral lyophilisate’.
Operative part of the order
1. |
The action is dismissed as inadmissible in so far as it is directed against the European Agency for the Evaluation of Medicinal Products (EMEA). |
2. |
There is no longer any need to adjudicate on the action in so far as it is directed against the Commission. |
3. |
The EMEA shall bear its own costs. |
4. |
Schering-Plough Ltd shall pay, in addition to its own costs, the costs incurred by the Commission. |