Access to documents contained in a MA application file

Written By

celine gasser module
Celine Gasser

Counsel
France

I am Counsel in our Dispute Resolution team in Lyon and advise on a range of matters from business crime cases to unfair competition law.

anne florence raducault Module
Anne-Florence Raducault

Partner
France

As a partner in our Dispute Resolution Group in France, I have a particular interest in the civil, commercial and criminal risks in industrial sectors, especially on matters related to liability in these fields and assist clients for prevention of risks and compliance.

The ECJ confirms the right of third parties to have access to the documents contained in a Marketing Authorisation (MA) Application file for medicinal products.

ECJ, 22 janvier 2020, aff. C-175/18 P, PTC Therapeutics International Ltd / European Medicines Agency (EMA)

ECJ, 22 janvier 2020, aff. C-178/18 P, MSD Animal Health Innovation GmbH / European Medicines Agency (EMA) 

Judgments of the European Court of Justice

European Medicines Agency (EMA) had communicated to third parties (with some omissions), information contained in toxicological test reports and clinical trial reports obtained in a MA application file on the grounds that, apart from the information already omitted, the reports were not confidential and could therefore be disclosed.

The ECJ dismissed the applications of two companies selling medicinal products and who claimed that these reports should entirely benefit from a confidentiality presumption.

Two lessons can be drawn from these judgments

  • Absence of a general confidentiality presumption

An institution, body, office or agency of the European Union to which an application for access to documents has been submitted shall always retain the possibility of carrying out a concrete and individual examination of the documents in question in order to decide whether or not to disclose them in full or in part.

  • Obligation to demonstrate damages to commercial interests

Article 4 of Regulation 1049/2001 provides in particular for the refusal "of access to a document where disclosure would undermine the protection of the commercial interests of a natural or legal person, including intellectual property".

Explanations should be given as to the nature, purpose and scope of the data in question which made it possible to conclude that there was a risk of misuse of the data contained in the disputed reports and also to identify concretely and precisely the extracts in the disputed reports which could damage commercial interests in the event of disclosure.

A general risk is insufficient.

 

Latest insights

More Insights
featured image

France's Ministry of Justice Initiates Task Force to Reform French Arbitration Law

9 minutes May 29 2025

Read More
Curiosity line teal background

China Cybersecurity and Data Protection: Monthly Update - May 2025 Issue

May 26 2025

Read More
featured image

Relocating production to a new supplier: Legal challenges in the supply chain (upstream and downstream)

3 minutes May 22 2025

Read More