CELEX: 62017TN0783
Language: en
Date: 2017-12-01 00:00:00
Title: Case T-783/17: Action brought on 1 December 2017 — GE Healthcare v Commission

5.2.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 42/34
            
         Action brought on 1 December 2017 — GE Healthcare v Commission
   (Case T-783/17)
   (2018/C 042/48)
   Language of the case: English
   
      Parties
   
   
      Applicant: GE Healthcare A/S (Oslo, Norway) (represented by: D. Scannell, Barrister, G. Castle and S. Oryszczuk, Solicitors)
   
      Defendant: European Commission
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               annul the European Commission’s decision C(2017) 7941 final of 23 November 2017 suspending the applicant’s marketing authorisations for Omniscan (INN gadodiamide);
            
         
               —
            
            
               order the defendant to pay the applicant’s legal and other costs and expenses in relation to the present matter.
            
         
      Pleas in law and main arguments
   
   In support of the action, the applicant relies on five pleas in law.
   
               1.
            
            
               First plea in law, alleging that the contested decision infringes Article 116 of Directive 2001/83/EC (1)
               
            
         
               2.
            
            
               Second plea in law, alleging that the contested decision infringes the precautionary principle.
            
         
               3.
            
            
               Third plea in law, alleging that the contested decision breaches the principle of non-discrimination.
            
         
               4.
            
            
               Fourth plea in law, alleging that the contested decision is in any event disproportionate.
            
         
               5.
            
            
               Fifth plea in law, alleging that the contested decision infringes the general principle of good administration.
            
         
      (1)  Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ 2001 L 311, p. 67).