Order of the Court (Seventh Chamber) of 11 April 2024 – Atesos medical and Others v Commission and Others
(Case C‑491/23 P)
( Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Agreement between the European Community and the Swiss Confederation on mutual recognition in relation to conformity assessment – Regulation (EU) 2017/745 – Expiry of the designation of an entity as conformity assessment body for medical devices within the meaning of Directive 93/42/EEC – Removal of that entity from the list of notified bodies which have certificates validated under Directive 93/42/EEC – Action for annulment – Appeal manifestly unfounded )
Action for annulment – Actionable measures – Concept – Acts producing binding legal effects – Commission decision stating that the validity of certificates for medical devices issued under the mutual recognition agreement by bodies established in Switzerland had expired – Amendment of the entry in the online database of the NANDO information system corresponding to the conformity assessment body for medical devices which had issued the certificates – Not included
(Art. 263 TFEU)
(see paragraphs 64, 72, 73)
Operative part
1.
The appeal is dismissed as manifestly unfounded.
2.
Atesos medical AG, Bonebridge AG, Heico-Switzerland AG, Keri Medical SA, Medcem GmbH and Stemcup Medical Products AG shall bear their own costs.