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


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)


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


The action is dismissed as inadmissible in so far as it is directed against the European Agency for the Evaluation of Medicinal Products (EMEA).


There is no longer any need to adjudicate on the action in so far as it is directed against the Commission.


The EMEA shall bear its own costs.


Schering-Plough Ltd shall pay, in addition to its own costs, the costs incurred by the Commission.

(1)  OJ C 171, 19.7.2003.