Debregeas et associés Pharma (D & A Pharma) v European Commission and European Medicines Agency (C-291/22 P)

Judgment of 14 Mar 2024

law://eu/cjeu/2022/c-291-22/para_77@2026-11-12

77Therefore, contrary to what the General Court held in paragraphs 130 to 132 of the judgment under appeal, a conflict of interest on the part of a member of the expert group consulted by the CHMP substantially vitiates the procedure. The fact that, at the end of its discussions and deliberations, that expert group expresses its opinion collegially does not remove such a defect. That collegiality is not such as to neutralise either the influence that the member in a situation of conflict of interest is in a position to exert within that group or the doubts as to the impartiality of that group which are legitimately based on the fact that that member was able to contribute to the discussions.

Debregeas et associés Pharma (D & A Pharma) v European Commission and European Medicines Agency (C-291/22 P)

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