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Italy appeals EMA decision to the European Court of Justice

Italy and the city of Milan have appealed to the European Court of Justice and the Civil Court, respectively, to cancel the relocation of the European Medicines Agency (EMA) from London to Amsterdam after Brexit, European media report.

In November 2017, EU Member States voted on where the EMA should move after Brexit on 30 March 2019 and both Milan and Amsterdam received 13 votes in the final vote. The Dutch won the bid after the European Commission looked for, among other requirements, their ability to ensure seamless continuity for the agency, Irish media report. However, Italy has asked the EU to reconsider whether the EMA could be moved to Milan after Brexit, Dutch media report.

Corriere della Sera indicates that Italy claims the Netherlands is not guaranteeing “continuous operation” of the Agency and also that the European Commission did not exercise sufficient due diligence before holding the vote which assigned the EMA to Amsterdam over Milan on a coin toss. Italy’s proposal to move the EMA to Milan has no chance of success, Dutch media report, adding that Amsterdam is viewed by many countries as the most ideal location for the EMA and it was also the favourite city among EMA employees. “The decision is made and we will follow it.

The European Commission is not a part of Italy’s election debate,” Commissioner Andriukaitis explained, suggesting that this matter could be linked to the Italian general election next March, Belgian media report. The topic receives wide coverage in Italy, where Andrea Bonanni argues in a commentary in La Repubblica that the European Commission, Italy and the Netherlands are all three “both right and wrong”. Mr Andriukaitis “should be the first to worry” if the EMA’s work risks being hampered. However, Italy risks looking like a “sore loser,” Mr Bonanni concludes.

In an interview in Milano Finanza, business lawyer Beppe Pezzulli, president of Select Milano (Milan financial committee), says that, from a judicial standpoint, it is “difficult” to know who can decide what. The ECJ deals with treaties and this is “certainly” not a treaty. He adds it is improbable that the Commission will admit to having made a mistake, but that Italy is right to try.

According to Jyllands-Posten, the EMA was supposed to move to the Vivaldi building in Amsterdam on 1 April, but the building will not be completed until November. Italian Health Minister Beatrice Lorenzin said that “it is scandalous that Amsterdam is not ready to respect its commitments”, French media report.

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