Third-party Access to Documents of the EU Medicines Agency (cepInput)

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On the basis of the Transparency Regulation, the CJEU has for the first time decided on third party access to documents submitted to the European Medicines Agency (EMA) by pharmaceutical companies. A cepInput explains the background and relevance of the CJEU proceedings and deals with the three main grounds for the decision in the "PTC Therapeutics" judgement.

cepInput

The CJEU sets a high bar for a refusal of access. In doing so, it judges in favour of the greatest possible transparency and thus supports general efforts to achieve greater legitimacy of European decision-making processes. It acknowledges the risk of misuse of the data disclosed but does not take the appropriate action. With its ruling, the CJEU has established a disproportionate "duty of disclosure" for marketing authorisation holders.