Ema, the European Court rejects Milan's appeal to suspend the transfer

The Vice President of the Court of Justice of the EU, Antonio Tizzano, rejected the application of suspend the transfer of Ema the European Medicines Agency, from London to Amsterdam because lacks the prerequisite of urgency . The city of Milan, in addition to the cancellation of the decision on Ema, the judges had requested to suspend the transfer. The badessment of the validity of the main appeal has not yet been rendered.

The request for suspension of the Milan City Council is only a "secondary" part of the main dispute brought by Milan, which asked the EU courts to annul the decision to transfer Ema's headquarters from London to Amsterdam. In this main case, the municipality itself also requested, as a precautionary measure ("summary proceeding"), to suspend the transfer pending judgment.

According to the Court, for the stay to be granted, two conditions must exist cumulatively. First, the plausible foundation of the main question. Second, the urgency to provide (that is to say the impossibility for the applicant 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.