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_80@2026-11-12

80Moreover, persons whose affairs are handled by an EU institution, body, office or agency cannot be required to provide, in support of their argument that the requirement of objective impartiality was not complied with during an EU administrative procedure, proof of specific indications of bias, such as statements or positions taken by the expert concerned within the expert group of which he or she is a member. Objective impartiality is to be assessed independently of the specific conduct of the person concerned. In any event, the statements and positions taken in the context of the work of that group are confidential. As the General Court acknowledged in paragraph 132 of the judgment under appeal, it is impossible to determine the influence exercised by the experts concerned. Consequently, the fact that, in the present case, the appellant was unable to adduce evidence of a specific statement or position taken by Expert A or Expert B was irrelevant for the purpose of assessing the merits of the plea alleging infringement of the requirement of objective impartiality, with the result that the General Court was wrong, in paragraph 133 of the judgment under appeal, to rely, inter alia, on such a ground in order to conclude that the appellant’s second plea in support of its action for annulment should be rejected.

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

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