Ema: Court of the EU, no suspension of the move to Amsterdam

Marne La Vallée (Paris), July 2 (AdnKronos Health) – The transfer of the European Medicines Agency from London to Amsterdam will not be suspended, as requested by the city of Milan, pending a decision on the merits of the cancellation of the decision to transfer the headquarters of the European Medicines Agency Dutch capital. The Vice President of the Court of Justice of the EU, Antonio Tizzano, today rejected by an order, "for lack of the sole presumption of urgency and without anticipating the merit of the "case", informs the Court, the request for suspension presented by Palazzo Marino. The city of Milan had asked the judges of the Union to annul the decision to transfer the headquarters of the Ema from London to the Dutch capital, taken in the margins of the General Affairs Council in November 2017; in the case in the main proceedings, the municipal administration had also asked, as a precautionary measure (by way of interim relief), to suspend the transfer pending the proceedings. The summary procedure is a kind of "parenthesis" in the main proceedings and relates to the preventive suspension of the same act which was contested in the main proceedings (the transfer of the EMA to Amsterdam), explains the Court. In order for the stay application to be successful, two conditions must be fulfilled, namely the probable merits of the main claim and the urgency of providing (that is, the impossibility for the plaintiff wait for the final decision without reporting "serious and irreparable damage" "). The absence of any of these conditions results in the rejection of the application. Vice President Tizzano felt that the condition of urgency did not exist; on the other hand, no request for suspension has been proposed by the Italian Government, which has also initiated proceedings against the Council. To find out whether the two pending appeals against the choice of Amsterdam as the seat of the Ema are deemed to be well-founded or not, it will be necessary to await the judgment of the Court. The full text of the order will be available in the coming days.