Judgment_paragraph 61 · Bundesverband der Arzneimittel-Importeure eV and Commission of the European Communities v Bayer AG (C-2/01 P, C-3/01 P)

61Concerning the objection of inadmissibility raised by Bayer and EFPIA, it is sufficient to note that the question of the allocation of the burden of proof, although it may have an impact on the findings of fact by the Court of First Instance, is a question of law. Therefore, this objection of inadmissibility is unfounded.