This document is an excerpt from the EUR-Lex website
Document 62018CN0175
Case C-175/18 P: Appeal brought on 6 March 2018 by PTC Therapeutics International Ltd against the judgment of the General Court (Second Chamber) delivered on 5 February 2018 in Case T-718/15: PTC Therapeutics International Ltd v European Medicines Agency (EMA)
Case C-175/18 P: Appeal brought on 6 March 2018 by PTC Therapeutics International Ltd against the judgment of the General Court (Second Chamber) delivered on 5 February 2018 in Case T-718/15: PTC Therapeutics International Ltd v European Medicines Agency (EMA)
Case C-175/18 P: Appeal brought on 6 March 2018 by PTC Therapeutics International Ltd against the judgment of the General Court (Second Chamber) delivered on 5 February 2018 in Case T-718/15: PTC Therapeutics International Ltd v European Medicines Agency (EMA)
OJ C 231, 2.7.2018, p. 8–9
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
Case C-175/18 P: Appeal brought on 6 March 2018 by PTC Therapeutics International Ltd against the judgment of the General Court (Second Chamber) delivered on 5 February 2018 in Case T-718/15: PTC Therapeutics International Ltd v European Medicines Agency (EMA)
Appeal brought on 6 March 2018 by PTC Therapeutics International Ltd against the judgment of the General Court (Second Chamber) delivered on 5 February 2018 in Case T-718/15: PTC Therapeutics International Ltd v European Medicines Agency (EMA)
(Case C-175/18 P)
2018/C 231/09Language of the case: EnglishParties
Appellant: PTC Therapeutics International Ltd (represented by: G. Castle, Solicitor, B. Kelly, Solicitor, K. Ewert, Rechtsanwalt, M. Demetriou QC, C. Thomas, Barrister)
Other parties to the proceedings: European Medicines Agency, European Confederation of Pharmaceutical Entrepreneurs (Eucope)
Form of order sought
The appellant claims that the Court should:
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grant PTC’s appeal and set aside the judgment of the General Court; |
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annul the decision communicated by the EMA to PTC on 25 November 2015 to release certain information under the Transparency Regulation ( 1 ); |
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remit the said decision back to the EMA for further consideration regarding redaction of confidential passages for consultation with PTC; and |
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order the EMA to pay PTC’s legal and other costs and expenses in relation to this matter. |
Pleas in law and main arguments
The judgment should be annulled for the following reasons:
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the General Court failed to find that the documents in issue were protected by a general presumption of confidentiality; |
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the General Court failed to find that the documents in issue in their entirety constitute commercially confidential information that is protected by Article 4(2) of the Transparency Regulation; |
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the General Court failed to find that the documents in issue should be protected by Article 4(3) of the Transparency Regulation; and |
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the EMA failed to carry out a balancing exercise as required by law. |
( 1 ) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001, L 145, p. 43).