Order of the General Court of 22 April 2024 – Mylan Ireland v Commission
(Case T-585/23) 1
(Access to documents – Regulation (EC) No 1049/2001 – Documents relating to correspondence between the Commission and Biogen and any document prepared by the Commission or Biogen relating to the interpretation and the consequences to be drawn from a judgment of the Court of Justice – Implied refusal of access – Express decision adopted after the action was brought – No need to adjudicate)
Language of the case: English
Parties
Applicant: Mylan Ireland Ltd (Dublin, Ireland) (represented by: K. Roox, T. De Meese, J. Stuyck and C. Dumont, lawyers)
Defendant: European Commission (represented by: Ș. Ciubotaru and A. Spina, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the implied decision of the European Commission of 8 July 2023, as confirmed by its express reply of 11 August 2023, rejecting an application for access to documents made by the applicant on 19 April 2023 under Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43).
Operative part of the order
There is no longer any need to adjudicate on the action, in so far as it seeks the annulment of the implied decision of the European Commission of 8 July 2023 refusing an application for access to documents made by Mylan Ireland Ltd on 19 April 2023 under Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents.
The action is dismissed as to the remainder.
The European Commission shall pay the costs.
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1 OJ C C/2023/772, 20.11.2023.