The Court highlighted that intervention in interim proceedings is exceptional and can only be granted in presence of a legal interest of the intervener. Menarini instead had a mere de facto interest in boostering parallel proceedings in which it was a party. Its application was therefore dismissed.

The Court held that the declared intention to launch a biosimilar drug and the obtaining of the related Marketing Authorization did not constitute an "imminent infringement" of the patent on the originator drug. Therefore, the requested interim injunction was not granted.