CELEX: 62019TB0562
Language: en
Date: 2020-07-02 00:00:00
Title: Case T-562/19: Order of the General Court of 2 July 2020 — Klein v Commission (Action for failure to act — Medical devices — Article 8(1) and (2) of Directive 93/42/EEC — Safeguard clause procedure — Notification by a Member State of a decision prohibiting the placing on the market of a medical device — Absence of a decision by the Commission — Out of time — Inadmissibility)

19.10.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 348/13
            
         
      Order of the General Court of 2 July 2020 — Klein v Commission
      (Case T-562/19) (1)
      
      (Action for failure to act - Medical devices - Article 8(1) and (2) of Directive 93/42/EEC - Safeguard clause procedure - Notification by a Member State of a decision prohibiting the placing on the market of a medical device - Absence of a decision by the Commission - Out of time - Inadmissibility)
      (2020/C 348/19)
      Language of the case: German
      
         Parties
      
      
         Applicant: Christoph Klein (Großgmain, Austria) (represented by: H.-J. Ahlt, lawyer)
      
         Defendant: European Commission (represented by: A. C. Becker, F. Thiran and G. von Rintelen, acting as Agents)
      
         Re:
      
      Application under Article 265 TFEU for a declaration that the 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 (OJ 1993 L 169, p. 1) in respect of the device Inhaler Broncho Air®.
      
         Operative part of the order
      
      
                  1.
               
               
                  The action is dismissed as inadmissible.
               
            
                  2.
               
               
                  Mr Christoph Klein shall pay the costs.
               
            
         (1)  OJ C 337, 7.10.2019.