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An Illegitimate Decision to Withdraw Medicinal Products from the Market: Any Room for Compensation?

Published online by Cambridge University Press:  20 January 2017

Vincenzo Salvatore
Vincenzo Salvatore*
Affiliation:
University of Insubria, Varese (Italy)
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Abstract

Case T-429/05 Artegodan GmbH v. Commission

The infringement of Article 11 of Directive 65/65/EEC and of the proportionality principle are not per se sufficient to require the Commission to provide the applicant with compensation for the damages suffered if they are the result of a decision on the withdrawal of a marketing authorisation should this authorisation be deemed illegitimate and subsequently annulled by the Court (author's headnote).

Type
Case Notes
Information
European Journal of Risk Regulation , Volume 1 , Issue 4 , December 2010 , pp. 455 - 457
Copyright
Copyright © Cambridge University Press 2010

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References

1 Judgment of 3 March 2010.

** OJ, English Special Edition 1965–1966, p. 20.

2 Committee for Proprietary Medicinal Products of the European Agency for the Evaluation of Medicinal Products (EMEA), subsequently replaced by the Committee for Medicinal Products for Human Use (CHMP) of the European Medicines Agency (EMA), established by Regulation 726/2004/EC.