Judgment of the General Court (Fifth Chamber) of 4 July 2012 —
Laboratoires CTRS v Commission
(Case T-12/12)
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
1. Actions for failure to act — Institution called upon to act — Conditions — Clear and express request — No precise formal rules — Letter allowing the institution concerned to make a concrete examination of the content of the requested decision (Art. 265, second para., TFEU) (see paras 38, 40)
2. Actions for failure to act — Definition of position within the meaning of Article 265, second paragraph, TFEU before commencement of proceedings — Inadmissibility (Art. 265, second para., TFEU) (see paras 41-44)
3. Actions for annulment — Interest in bringing proceedings — Need for such an interest to exist at the stage of the bringing of the action and until the delivery of the court decision — Decision replacing the contested decision during the proceedings — Application devoid of purpose — No need to adjudicate where applicant has no interest in an annulment (Art. 263 TFEU) (see paras 52-55)
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
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. |