header-logo header-logo

29 April 2010
Issue: 7415 / Categories: Case law , Law reports
printer mail-detail

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,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Mark Hastings, Quillon Law

NLJ Career Profile: Mark Hastings, Quillon Law

Mark Hastings, founding partner of Quillon Law, on turning dreams into reality and pushing back on preconceptions about partnership

Kingsley Napley—Silvia Devecchi

Kingsley Napley—Silvia Devecchi

New family law partner for Italian and international clients appointed

Mishcon de Reya—Susannah Kintish

Mishcon de Reya—Susannah Kintish

Firm elects new chair of tier 1 ranked employment department

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll