This document is an excerpt from the EUR-Lex website
Document 62021TO0695
Order of the General Court (Eighth Chamber) of 13 April 2022.
Virginie Alauzun and Others v European Commission.
Action for annulment and for failure to act – Public health – Medicinal products for human use – Conditional marketing authorisation for mRNA-technology vaccines – Lack of carcinogenicity and genotoxicity studies – Time limit for bringing proceedings – Delay – No invitation to act – Position taken – No interest in bringing proceedings – Lack of direct concern – Lack of individual concern – Inadmissibility – Request for the Court to issue directions – Lack of jurisdiction.
Case T-695/21.
Order of the General Court (Eighth Chamber) of 13 April 2022.
Virginie Alauzun and Others v European Commission.
Action for annulment and for failure to act – Public health – Medicinal products for human use – Conditional marketing authorisation for mRNA-technology vaccines – Lack of carcinogenicity and genotoxicity studies – Time limit for bringing proceedings – Delay – No invitation to act – Position taken – No interest in bringing proceedings – Lack of direct concern – Lack of individual concern – Inadmissibility – Request for the Court to issue directions – Lack of jurisdiction.
Case T-695/21.
Court reports – general
ECLI identifier: ECLI:EU:T:2022:233
Order of the General Court (Eighth Chamber) of 13 April 2022 –
Alauzun and Others v Commission
(Case T‑695/21)
(Action for annulment and for failure to act – Public health – Medicinal products for human use – Conditional marketing authorisation for mRNA-technology vaccines – Lack of carcinogenicity and genotoxicity studies – Time limit for bringing proceedings – Delay – No invitation to act – Position taken – No interest in bringing proceedings – Lack of direct concern – Lack of individual concern – Inadmissibility – Request for the Court to issue directions – Lack of jurisdiction)
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Actions for failure to act – Institution called upon to act – Conditions – Clear and express request (Art. 265, second para., TFEU) (see para. 25) |
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Actions for failure to act – Position taken within the meaning of Article 265, second para., TFEU before the action brought – Concept – Refusal to act in accordance with the invitation to act – Included (Art. 265, second para., TFEU) (see paras 28, 30) |
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Actions for failure to act – Natural or legal persons – Interest in bringing proceedings – Action capable of securing a benefit for the applicant – None – Inadmissibility (Art. 265 TFEU) (see paras 34-38) |
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Actions for failure to act – Natural or legal persons – Measures of direct and individual concern to them – Failure by the European Commission to include carcinogenicity and genotoxicity tests at the preclinical phase of the procedure for granting the conditional marketing authorisation for messenger ribonucleic acid technology vaccines – Action brought by individuals who allege that their fundamental rights have been infringed – Not individually concerned – Inadmissibility (Art. 265, third para., TFEU) (see paras 40-49) |
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Judicial proceedings – Actions for annulment or for failure to act – Jurisdiction of the EU judicature – Claim seeking that directions be issued to an institution – Not permissible (Arts. 263 and 265 TFEU) (see paras 51, 54) |
Operative part
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The action is dismissed as inadmissible. |
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There is no longer any need to adjudicate on the application for leave to intervene submitted by Moderna Biotech Spain SL. |
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Ms Virginie Alauzun and the other applicants whose names are included in the annex shall bear their own costs and pay those incurred by the European Commission. |
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Moderna Biotech Spain shall bear its own costs relating to the application to intervene. |