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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

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