PP Nature-Balance Lizenz v Commission (Judgment) French Text [2015] EUECJ C-82/15 (03 December 2015)

PP Nature-Balance Lizenz v Commission (Judgment) French Text [2015] EUECJ C-82/15 (03 December 2015)

The Court held that the Tribunal correctly applied the precautionary principle to both safety and efficacy in the context of Directive 2001/83/EC, Article 116, and that the Commission was entitled to require withdrawal and modification of marketing authorisations for tolpérisone-based medicines based on serious and...

Source-derived case information.

Citation
[2015] EUECJ C-82/15
Parties
Applicant: PP Nature-Balance Lizenz GmbH; Respondent: Commission européenne
Jurisdiction
European Union
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Marketing Authorisation of Medicinal Products, Directive 2001/83/ec, Principle of Precaution, Judicial Review of Commission Decisions, Burden of Proof in Medicinal Product Efficacy, Withdrawal and Modification of Marketing Authorisations
European Union Law Pharmaceutical Law Administrative Law Marketing Authorisation of Medicinal Products Directive 2001/83/ec Principle of Precaution Judicial Review of Commission Decisions Burden of Proof in Medicinal Product Efficacy +1 more

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Summary, issues, holding and outcome

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Parties

PP Nature-Balance Lizenz GmbH

Applicant

Commission européenne

Respondent

Procedural Posture

Appeal / Final Judgment

  1. 1 Whether the Commission's decision to require withdrawal and modification of marketing authorisations for tolpérisone-based medicines was lawful under Directive 2001/83/EC, Articles 31 and 116
  2. 2 Whether the principle of precaution applies to efficacy as well as safety in medicinal product regulation
  3. 3 Whether Article 10 bis of Directive 2001/83/EC applies in the context of a review under Article 31

Ratio Decidendi

The Court held that the Tribunal correctly applied the precautionary principle to both safety and efficacy in the context of Directive 2001/83/EC, Article 116, and that the Commission was entitled to require withdrawal and modification of marketing authorisations for tolpérisone-based medicines based on serious and conclusive indications of lack of efficacy and increased risk. Article 10 bis does not apply to review procedures under Article 31. The Tribunal did not err in its assessment of the scientific evidence or in its legal reasoning. The appeal was therefore rejected.

Court Disposition

appeal dismissed

Orders

  • The appeal is rejected.
  • PP Nature-Balance Lizenz GmbH is ordered to pay the costs.