Source: EURLEX
Language: en
Format: md

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| European flag | Official Journal  of the European Union | EN  Series C |

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|  | C/2024/1547 | 26.2.2024 |

Appeal brought on 4 January 2024 by Teva Pharmaceutical Industries Ltd and Cephalon Inc. against the judgment of the General Court (Third Chamber, Extended Composition) delivered on 18 October 2023 in Case T-74/21, Teva Pharmaceutical Industries and Cephalon v Commission

(Case C-2/24 P)

(C/2024/1547)

Language of the case: English

Parties

Appellants: Teva Pharmaceutical Industries Ltd, Cephalon Inc. (represented by: S. Ortoli, D. Tayar, avocats)

Other party to the proceedings: European Commission

Form of order sought

The Appellants claim that the Court should:

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| — | accept the present appeal and declare the action admissible; |

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| — | set aside the judgment of the General Court of 18 October 2023 in the case T-74/21; |

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| — | refer the case back to the General Court for a new judgment to be taken, unless the Court considers that it is sufficiently well informed to annul the decision of the European Commission in the case AT.39686-CEPHALON [(1)](#ntr1-C_202401547EN.000101-E0001); |

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| — | order the Commission to pay the costs of these proceedings, including the costs incurred by the Appellants before this Court and before the General Court. |

Pleas in law and main arguments

The Appellants put forward two pleas in law to support their request:

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| 1. | The judgment is vitiated by a manifest error of law as it distorted the test laid out in Generics UK for the analysis of the alleged by-object restriction of the settlement agreement. |

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| 2. | The judgment is vitiated by a manifest error of law in its finding that the settlement agreement was restrictive of competition by effect. |

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ELI: http://data.europa.eu/eli/C/2024/1547/oj

ISSN 1977-091X (electronic edition)

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