BRUSSELS (Reuters) - Europe's top court should back U.S. gene sequencing company Illumina's ( ILMN ) appeal against the EU antitrust regulators' review of its $7.1 billion bid for cancer test maker Grail, an adviser to the court said on Thursday.

A lower tribunal in 2022 had sided with the European Commission, prompting Illumina ( ILMN ) 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 ( ILMN ).