Information;Order — ECLI:EU:T:2022:233
Date: 2022-04-13
Language of the case: French
Court formation: Eighth Chamber
Subject matter: Public health
Procedure: Action for failure to act - inadmissible
Origin: France

Order of the General Court of 13 April 2022 – Alauzun and Others v Commission (Case T-695/21) 1 (Action for annulment and for failure to act – Public health – Medicinal products for human use – Conditional marketing authorisation for mRNA-technology vaccines – Lack of carcinogenicity and genotoxicity studies – Time limit for bringing proceedings – Delay – No invitation to act – Position taken – No interest in bringing proceedings – Lack of direct concern – Lack of individual concern – Inadmissibility – Request for the Court to issue directions – Lack of jurisdiction) Language of the case: French Parties Applicants: Virginie Alauzun (Saint Cannat, France) and the 773 other applicants whose names are listed in the annex to the order (represented by: F. Di Vizio, lawyer) Defendant: European Commission (represented by: G. Gattinara and L. Haasbeek, acting as Agents) Re: By their action under Articles 263, 265 and 266 TFEU, the applicants ask the General Court (i) to declare that the European Commission unlawfully failed to include carcinogenicity and genotoxicity testing in the preclinical phase during the procedure granting the conditional marketing authorisation to mRNA-technology vaccines, (ii) to order the Commission to include such testing in past and future EMA procedures and (iii) to request the EMA to communicate certain information relating to that testing. Operative part of the order 1. The action is dismissed as inadmissible. 2. There is no longer any need to adjudicate on the application for leave to intervene submitted by Moderna Biotech Spain SL. 3. Ms Virginie Alauzun and the other applicants whose names are included in the annex shall bear their own costs and pay those incurred by the European Commission. 4. Moderna Biotech Spain shall bear its own costs relating to the application to intervene. ____________ 1 OJ C 2, 3.1.2022