Appeal brought on 4 January 2024 by Teva Pharmaceutical Industries Ltd and Cephalon Inc. against the judgment of the General Court (Third Chamber, Extended Composition) delivered on 18 October 2023 in Case T-74/21, Teva Pharmaceutical Industries and Cephalon v Commission

(Case C-2/24 P)

Language of the case: English

Parties

Appellants: Teva Pharmaceutical Industries Ltd, Cephalon Inc. (represented by: S. Ortoli, D. Tayar, avocats)

Other party to the proceedings: European Commission

Form of order sought

The Appellants claim that the Court should:

accept the present appeal and declare the action admissible;

set aside the judgment of the General Court of 18 October 2023 in the case T-74/21;

refer the case back to the General Court for a new judgment to be taken, unless the Court considers that it is sufficiently well informed to annul the decision of the European Commission in the case AT.39686-CEPHALON¹ ;

order the Commission to pay the costs of these proceedings, including the costs incurred by the Appellants before this Court and before the General Court.

Pleas in law and main arguments

The Appellants put forward two pleas in law to support their request:

The judgment is vitiated by a manifest error of law as it distorted the test laid out in Generics UK for the analysis of the alleged by-object restriction of the settlement agreement.

The judgment is vitiated by a manifest error of law in its finding that the settlement agreement was restrictive of competition by effect.

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¹ Decision of 26 November 2020.