The relocation of the European Medicines Agency due to Brexit faces multiple obstacles. While an action for annulment has been brought by Italy before the EU Court of Justice, a judge of the High Court of England and Wales, Marcus Smith, ruled on Wednesday 20 February that the EU should honour the lease of the current building in Canary Wharf, which runs until 2039.
As a reminder, on 20 November 2017, the Member States allocated the headquarters of the European Medicines Agency (EMA) in Amsterdam after a draw by secret ballot (see EUROPE 11908, 12125). This choice was quickly challenged by the Italian Government and the Municipality of Milan and although two cases had so far been opened before the EU Court of Justice (C-59/18 and C-182/18), Italy decided to introduce a third on 12 February with a view to having Regulation 2018/1718, which fixes the new headquarters in Amsterdam (C-106/19), cancelled.
The British High Court ruling on 20 February represents a new stone in the Agency's shoe, while it is also struggling to convince its members to leave London. This judgment states that the lease contract for the London premises of the European Medicines Agency cannot be invalidated because of Brexit. This contract, concluded in 2014, runs until 2039, another 20 years.
According to the Financial Times, the European Medicines Agency would not have ruled out bringing the case before the European Court of Justice. The EU could also consider sub-leasing the premises. (Original version in French by Sophie Petitjean)