The President of the General Court of the European Union has granted an application for interim measures made by members of the InterMune group of pharmaceutical companies, in connection with their application for annulment of a decision of the European Medicines Agency to publish part of the data which supported the application for authorisation of the medicinal product Esbriet. InterMune seeks annulment of the decision to publish the data, which was requested under EU information access legislation, on the grounds that it is commercially confidential and that the prejudice which would arise from disclosure is not outweighed by any public interest. The interim measures order, which was opposed by the EMA, prevents publication of the data pending the resolution of the substantive annulment application.
Tom de la Mare QC and Fraser Campbell are acting for InterMune.