A lower tribunal in 2022 had sided with the European Commission, prompting Illumina to take its case to the Luxembourg-based Court of Justice of the European Union (CJEU).

CJEU Advocate General Nicholas Emiliou said judges should set aside the General Court judgment and annul Commission decisions on referral request.

Judges usually follow such non-binding opinions in the majority of cases.

The case is C-625/22 P - Grail v Commission and Illumina.

(Reporting by Foo Yun Chee; Editing by Sudip Kar-Gupta)