EN
C 252/48
Official Journal of the European Union
17.7.2023
Other party to the proceedings before the Board of Appeal of EUIPO: Gerrit Cornelis Johan Stein (Elp, Netherlands)
Re: By its action on the basis of Article 263 TFEU, the applicant seeks annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 3 May 2022 (Case R 1361/2021-5).
Operative part of the judgment The Court: 1.
Dismisses the action; 2.
Orders each party to bear its own costs.
(1)
OJ C 326, 29.8.2022.
Order of the General Court of 23 May 2023 — Atesos medical and Others v Commission (Case T-764/21) (1) (Action for annulment — Medical devices — Directive 93/42/EEC — Expiry of the validity of certificates for medical devices issued under the mutual recognition agreement by bodies established in Switzerland — 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 — Act not open to challenge — Manifest inadmissibility) (2023/C 252/57) Language of the case: English Parties Applicants: Atesos medical AG (Aarau, Switzerland) and the 7 other applicants whose names are listed in the annex to the order (represented by: M. Meulenbelt and S. De Knop, lawyers) Defendant: European Commission (represented by: E. Sanfrutos Cano, C. Vollrath and C. Hödlmayr, acting as Agents)
Re: By their action under Article 263 TFEU, the applicants seek annulment of a European Commission decision stating that the designation of ‘Schweizerische Vereinigung für Qualitäts- und Management Systeme’ as a conformity assessment body for medical devices under Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ 1993 L 169, p. 1) had expired, and amending SQS’s entry in the database of notified and designated bodies, with effect from 28 September 2021.
Operative part of the order 1.
The action is dismissed as manifestly inadmissible. 2.
Atesos medical AG, Bonebridge AG, Heico-Switzerland AG, Keri Medical SA, Medcem GmbH, MPS Precimed SA, PX Dental SA and Stemcup Medical Products AG shall bear their own costs and pay those incurred by the European Commission, including those relating to the proceedings for interim relief.
(1)
OJ C 95, 28.2.2022.