Order — ECLI:EU:T:2017:147
Date: 2017-03-07
Language of the case: German
Court formation: Second Chamber
Subject matter: Public health
Procedure: Action for annulment - inadmissible
Origin: Germany

Order of the General Court (Second Chamber) of 7 March 2017 — SymbioPharm v EMA (Case T‑295/16) (Action for annulment — Medicinal products for human use — Commencement of the procedure for referral to the EMA — Articles 31 to 34 of Directive 2001/83/EC — Medicinal product Symbioflor 2 and medicinal products with similar designations — Act not open to challenge — Preparatory act — Inadmissibility) Actions for annulment — Actionable measures — Concept — Measures producing binding legal effects — Letter from the European Medicines Agency informing of commencement of the procedure for referral to the committee on medicines for human use — Measure constituting a preliminary step in a consultative procedure — Not included (Art. 263 TFEU; European Parliament and Council Directive 2001/83, Arts 32 to 34) (see paras 21, 31, 33, 35) Re: APPLICATION based on Article 263 TFEU seeking annulment of the letter from the EMA of 1 April 2016 to initiate a referral procedure referred to in Articles 32 to 34 of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ 2001 L 311, p. 67), concerning medicinal product Symbioflor 2 and similarly named medicinal products following a notification by the Federal Republic of Germany under Article 31 of that Directive. Operative part 1. The action is dismissed as inadmissible. 2. SymbioPharm GmbH is ordered to pay the costs.