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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
back-to-top-scroll