Judgment of the Court (Third Chamber) of 19 April 2012 — Artegodan GmbH v European Commission, Federal Republic of Germany

(Case C-221/10 P) (1)

(Appeals - Second paragraph of Article 288 EC - Non-contractual liability of the Union - Conditions - Sufficiently serious breach of a rule of law conferring rights on individuals - Decision withdrawing marketing authorisations for medicinal products for human use containing amfepramone)

2012/C 165/05

Language of the case: German

Parties

Appellant: Artegodan GmbH (represented by: U. Reese, Rechtsanwalt)

Other parties to the proceedings: European Commission (represented by: B. Stromsky and M. Heller, acting as Agents), Federal Republic of Germany

Re:

Appeal against the judgment of the General Court (Sixth Chamber) of 3 March 2010 in Case T-429/05 Artegodan v Commission, in which the General Court dismissed an action for compensation under Article 235 EC and the second paragraph of Article 288 EC, seeking compensation for the damage allegedly suffered by the applicant on account of the adoption of Commission Decision C(2000) 453 of 9 March 2000, concerning the withdrawal of marketing authorisations for medicinal products for human use containing amfepramone — Infringement of the second paragraph of Article 288 EC — Erroneous assessment of the criteria as to the existence of a sufficiently serious breach of EU law

Operative part of the judgment

The Court:

(1)  OJ C 195, 17.7.2010.