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29 April 2010
Issue: 7415 / Categories: Case law , Law reports
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European Union—Freedom of movement—Medicinal products.

R (on the application of Association of the British Pharmaceutical Industry) v Medicines and Healthcare Products Regulatory Agency (the NHS Confederation (Employers) Company Ltd intervening) C-62/09, [2010] All ER (D) 142 (Apr)

Court of Justice of the European Union (Fourth Chamber) Judges Bonichot (President of Chamber), Toader (Rapporteur), Schiemann, Kuris and Bay Larsen22 April 2010

Article 94(1) of Parliament and Council Directive (EC) 2001/83 (the Directive) does not preclude financial incentive schemes implemented by national public health authorities in order to reduce their public health expenditure and designed to encourage, for the purpose of treating certain conditions, the prescription by doctors of specific named medicinal products containing an active substance which was different from the active substance of the medicinal product which was previously prescribed or which might have been prescribed but for such an incentive scheme.

In England and Wales, general practitioners and other health care professionals were granted specific powers to write prescriptions and, if they issued prescriptions funded by the NHS, they had to comply with NHS rules and prescription codes,

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

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Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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