Information;Order — ECLI:EU:C:2025:315
Date: 2025-04-29
Language of the case: English
Court formation: Vice-President
Subject matter: Public health
Procedure: Action for annulment;Appeal - unfounded;Application for interim measures

Order of the Vice-President of the Court of 29 April 2025 – Advanz Pharma v Commission (Case C‑859/24 P(R)) ( Appeal – Interim relief – Medicinal products for human use – Orphan medicinal product for human use Ocaliva – Revocation of a conditional marketing authorisation – Application for suspension of operation of a measure – No urgency ) 1. Interim relief – Admissibility criteria – Application – Formal requirements – Separate document –Lack – Inadmissibility (Statute of the Court of Justice, Arts 39 and 57; Rules of Procedure of the Court of Justice, Arts 160(4) and 190(1)) (see paragraphs 29, 30) 2. Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Damage foreseeable with a reasonable degree of probability (Arts 278 and 279 TFEU) (see paragraphs 43, 44) 3. Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial damage – Obligation to provide specific and precise information, supported by detailed documentary evidence – Situation liable to endanger the existence of the applicant company – Assessment in the light of its size and turnover and the situation of the group to which it belongs (Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paragraphs 45-47) 4. Appeal – Grounds – Inadequate statement of reasons – Reliance by the General Court on implied reasoning – Whether permissible – Conditions (Art. 256 TFEU; Statute of the Court of Justice, Arts 36 and 53, first para.; Rules of Procedure of the General Court, Art. 117) (see paragraphs 58-60) 5. Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof borne by the party seeking the interim measure – Need to plead the risk of suffering that damage personally (Arts 278 and 279 TFEU; Rules of Procedure of the General Court, Art. 156(4)) (see paragraph 73) Operative part 1. The appeal is dismissed. 2. Advanz Pharma Ltd shall bear its own costs and pay those incurred by the European Commission.