Appeal brought on 11 September 2020 by Christoph Klein against the order of the General Court (Ninth Chamber) made on 2 July 2020 in Case T-562/19, Christoph Klein v European Commission

(Case C-430/20 P)

Language of the case: German

Parties

Appellant: Christoph Klein (represented by: H.-J. Ahlt, Rechtsanwalt)

Other party to the proceedings: European Commission

Form of order sought

The appellant claims that the Court should:

set aside the order of the General Court (Ninth Chamber) of 2 July 2020 in Case T-562/19;

declare the action admissible and that the European Commission breached its obligations under the Treaty by failing to act in the safeguard procedure initiated by the Federal Republic of Germany on 7 January 1998 concerning the CE-marked medical device ‘Inhaler Broncho-Air’ and not issuing a decision in accordance with Article 8(2) of Directive 93/42/EEC; 1

in the alternative, set aside the order of the General Court and refer the case back to the General Court for judgment;

order the European Commission to pay the costs of the proceedings.

Grounds of appeal and main arguments

The General Court distorted facts and evidence, erred in its classification of the facts and infringed EU law, namely Article 265 TFEU and the right to a fair hearing, in so far as it found that the action was brought out of time and that the appellant did not have standing to bring proceedings in his own right.

In addition, the General Court misinterpreted EU law and infringed Article 8(2) of Directive 93/42.

Finally, the order of the General Court under appeal is vitiated by a failure to state reasons.

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1 Council Directive 93/42/EEC of 14 June 1993 concerning medicinal devices (OJ 1993 L 169, p. 1).