Asunto T-33/17: Recurso interpuesto el 20 de enero de 2017 — Amicus Therapeutics UK y Amicus Therapeutics/EMA
Section | información judicial |
3.4.2017 ES Diario Oficial de la Unión Europea C 104/51
Lengua de procedimiento: inglés
Demandantes: Amicus Therapeutics UK Ltd (Gerrards Cross, Reino Unido) y Amicus Therapeutics, Inc. (Cranbury, Nueva Jersey, Estados Unidos) (representantes: L. Tsang, J. Mulryne, Solicitors, y F. Campbell, Barrister)
Demandada: Agencia Europea de Medicamentos (EMA)
La parte demandante solicita al Tribunal General que:
— Anule la decisión comunicada por la demandada a las demandantes el 14 de diciembre de 2016 de divulgar el informe del ensayo clínico AT1001-011 con arreglo al Reglamento (CE) n.o 1049/2001.
— Con carácter subsidiario, devuelva la decisión a la demandada para que la someta a un nuevo examen, a raíz de la oportunidad dada a las demandantes de formular observaciones específicas sobre partes concretas del informe del ensayo clínico que deben ser tomadas en consideración en la redacción antes de su divulgación.
— Condene a la demandada a abonar las costas y otros gastos de las demandantes relacionados con el procedimiento.
En apoyo de su recurso, las partes demandantes invocan dos motivos.
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Primer motivo, basado en que el informe del ensayo clínico en cuestión exige una presunción general de confidencialidad de conformidad con el artículo 4, apartado 2, del Reglamento n.o 1049/2001, teniendo en cuenta: 1) el sistema y el tenor de normativa del UE pertinente en este ámbito, 2) la obligación de las instituciones de la UE...
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