628The applicants further observe that, in proceedings before the Court of Justice relating to the issue of whether or not the holder of a marketing authorisation was entitled to request its withdrawal, the Commission has consistently submitted that the concept of a compulsory licence was unknown in Community pharmaceutical law. The applicants also maintain that the abovementioned judgments, on which the Commission relies, do not deal with the case made by AZ and that the Commission has failed to take account of the case-law concerning ‘refusal to supply’ and ‘essential facilities’. In the applicants’ submission, even if the facts as found by the Commission are correct, AZ’s conduct cannot constitute an abuse of a dominant position in the light of the case-law on the exercise of intellectual property rights and ‘essential facilities’. They draw attention, in that regard, to the case-law resulting from the judgments in Magill and IMS Health, paragraph 229 above, Case C-7/97 Bronner [1998] ECR I-7791 and Case T-504/93 Tiercé Ladbroke v Commission [1997] ECR II-923, paragraph 131.
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