Source: EURLEX
Language: en
Format: md

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| 16.3.2013 | EN | Official Journal of the European Union | C 79/31 |

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Action brought on 29 January 2013 — AbbVie v EMA

(Case T-44/13)

2013/C 79/53

Language of the case: English

Parties

Applicants: AbbVie, Inc. (Wilmington, United States); and AbbVie Ltd (Maidenhead, United Kingdom) (represented by: P. Bogaert, G. Berrisch, lawyers, and B. Kelly, Solicitor)

Defendant: European Medicines Agency

Form of order sought

The applicant claims that the Court should:

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| — | Annul the Decision of the European Medicines Agency EMA/748792/2012 of 14 January 2013 granting access to documents from the marketing authorisation dossier of a medicinal product; and |

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| — | Order the European Medicines Agency to pay the applicants’ costs. |

Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.

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| 1. | First plea in law, alleging that the Decision violates Article 4(2) of the Transparency Regulation[(1)](#ntr1-C_2013079EN.01003102-E0001) and the applicants’ fundamental rights to the protection of confidential commercial information. |

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| 2. | Second plea in law, alleging that the Decision violates Article 4(4) of the Transparency Regulation and the principle of good administration. |

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| 3. | Third plea in law, alleging that the Decision violates the obligation to state reasons as regards the application of Article 4(2) of the Transparency Regulation. |

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| 4. | Fourth plea in law, alleging that the Decision violates the principle of legitimate expectations |

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| 5. | Fifth plea in law, alleging that the Decision violates Directive 2001/29/EC[(2)](#ntr2-C_2013079EN.01003102-E0002), the fundamental rights protecting property rights, including copyright and the principle of proportionality and good administration, insofar as the access is granted by providing a copy of the documents. |

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