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Order of the President of the Court of 8 May 2003.

Commission of the European Communities v Artegodan GmbH and Others.

C-39/03 P-R • 62003CO0039 • ECLI:EU:C:2003:269

Cited paragraphs only

«(Appeal – Medicinal products for human use – Withdrawal of a marketing authorisation – Competence of the Commission – Anorectics: amfepramone, clobenzorex, fenproporex, norpseudoephedrine, phentermine – Directives 65/65/EEC and 75/319/EEC – Judgment of the Court of First Instance annulling a decision of withdrawal – Suspension of operation of a judgment of the Court of First Instance – Urgency – Absence)»

Applications for interim measures – Suspension of operation of a measure – Judgment of the Court of First Instance against which an appeal has been brought – Conditions for granting – Serious and irreparable damage – Judgment annulling a decision withdrawing a mandatory authorisation for medicinal products for human use – Absence because of the need, according to the judgment under appeal, for action on the part of the Member States if there is to be any resumption of marketing (Art. 242 EC; Statute of the Court of Justice, Art. 60; Rules of Procedure of the Court of Justice, Arts 62a and 83(2); Council Directive 65/65, Art. 11) The condition relating to urgency, imposed by Article 83(2) of the Rules of Procedure of the Court of Justice, in order that the Court may, under Article 242 EC, order the suspension of a judgment of the Court of First Instance annulling a Commission decision withdrawing a marketing authorisation for medicinal products for human use covered by Directive 65/65 relating to medicinal products, is not satisfied where the resumption of the marketing of the medicinal products in question does not follow automatically from the judgment under appeal, but requires a positive decision to that effect, and that, pursuant to the judgment under appeal, the competence to take any decision relating to the marketing authorisations for the medicinal products in question lies with the Member States acting on the basis of the requirements of the protection of public health.see paras 46, 50, 53

ORDER OF THE PRESIDENT OF THE COURT 8 May 2003 (1)

((Appeal – Medicinal products for human use – Withdrawal of a marketing authorisation – Competence of the Commission – Anorectics: amfepramone, clobenzorex, fenproporex, norpseudoephedrine, phentermine – Directives 65/65/EEC and 75/319/EEC – Judgment of the Court of First Instance annulling a decision of withdrawal – Suspension of operation of a judgment of the Court of First Instance – Urgency – Absence))

In Case C-39/03 P-R,

appellant,

APPLICATION for suspension of operation of the judgment of the Court of First Instance of the European Communities (Second Chamber, Extended Composition) of 26 November 2002 in Joined Cases T-74/00, T-76/00, T-83/00 to T-85/00, T-132/00, T-137/00 and T-141/00

the other parties to the proceedings being:

THE PRESIDENT OF THE COURT

upon hearing the Advocate General, S. Alber, makes the following

On those grounds,

THE PRESIDENT OF THE COURT

hereby orders:

Luxembourg, 8 May 2003.

R. Grass

G.C. Rodríguez Iglesias

Registrar

President

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