EN
C 257/6
Official Journal of the European Union
4.7.2022
Judgment of the Court (Second Chamber) of 12 May 2022 — Christoph Klein v European Commission (Case C-430/20 P) (1) (Appeal — Article 265 TFEU — Action for failure to act — Directive 93/42/EEC — Medical devices — Article 8(1) and (2) — Safeguard clause procedure — Notification by a Member State of a decision prohibiting the placing on the market of a medical device — Prolonged lack of reaction on the part of the European Commission — Absence of a decision — Admissibility — Locus standi — Out of time — Request for action to be taken within a reasonable time — Principle of good administration — Obligation to state reasons of the General Court of the European Union) (2022/C 257/07) Language of the case: German Parties Appellant: Christoph Klein (represented by: H.-J. Ahlt, Rechtsanwalt) Other party to the proceedings: European Commission (represented: initially by C. Hermes, F. Thiran and M. Jáuregui Gómez, and subsequently by C. Hermes and F. Thiran, acting as Agents)
Operative part of the judgment The Court: 1.
Sets aside the order of the General Court of the European Union of 2 July 2020, Klein v Commission (T-562/19, EU:T:2020:300), in so far as the General Court dismissed as inadmissible the application made by Mr Christoph Klein under Article 265 TFEU for a declaration that the European Commission unlawfully failed to act in the safeguard clause procedure initiated by the Federal Republic of Germany on 7 January 1998 and adopt a decision in accordance with Council Directive 93/42/EEC of 14 June 1993 concerning medical devices in respect of the device Inhaler Broncho Air®; 2.
Refers the case back to the General Court of the European Union for a decision on the merits; 3.
Reserves the costs.
(1)
OJ C 371, 3.11.2020.
Judgment of the Court (Eighth Chamber) of 12 May 2022 (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Proceedings brought by RR, JG (Case C-505/20) (1) (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Freezing and confiscation of instrumentalities and proceeds of crime in the European Union — Directive 2014/42/EU — Article 4 — Confiscation — Article 7 — Freezing — Article 8 — Procedural guarantees — Freezing and confiscation of property belonging to a person unconnected with the criminal proceedings — National legislation not providing for third party remedies during court proceedings and not allowing for the possible return of the property before the end of the criminal proceedings) (2022/C 257/08) Language of the case: Bulgarian Referring court Spetsializiran nakazatelen sad