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(Teleborsa) – The Court of Justice of the EU denied the application of Municipality of Milan suspension of the transfer of Ema, The European Medicines Agency, from London to Amsterdam because it is not an badumption of urgency. This was announced by the Court of the EU.
The Vice-President of the European Court of Justice, Antonio Tizzano, refused, for lack of the sole presumption of urgency and without anticipating the merit of the case the request for suspension formulated by the city of Milan on the transfer, in fact, from London to Amsterdam from the Ema.
The request for suspension of the city of Milan is only a "secondary" part of the dispute in the main proceedings brought by Milan, which asked the Union annulling the decision to transfer the seat of the EMA from London to Amsterdam . In the case in the main proceedings, the municipality itself also requested, as a precautionary measure ("summary procedure"), to suspend the transfer pending the proceedings.
According to the Court, for the application for a stay to be granted, two pre-conditions must exist cumulatively First, the probable merits of the main claim. According to the urgency to provide (that is to say the impossibility for the plaintiff to wait for the final decision without reporting serious and irreparable harm). The absence of only one of the conditions results in the rejection of the application. The Court did not consider that there was urgency and therefore dismissed the application.
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