| Publisher Citation: | [2010] All ER (D) 205 (Feb) |
| Court: | Court of Justice of the European Union (Third Chamber) |
| Judge: | Judges Lenaerts (President of the Chamber), Silva de Lapuerta (Rapporteur), Juhasz, Arestis and von Danwitz |
| Judgment Dates: | 14 January 2010 |
Catchwords
European Union - Medicinal products - Transparency of measures regulating pricing of medicinal products for human use - Direct effect - Price freeze - Correct interpretation of relevant directive - Whether relevant directive involving only review as to whether healthcare expenditure manageable or whether extending to other macro-economic conditions - Whether following expiry of period for transposition of relevant directive provision of that directive to be considered to have direct effect - Council Directive (EEC) 89/105, art 4(1).
The Case
European Union Medicinal products. The Court of Justice of the European Union gave a preliminary ruling concerning the interpretation of art4(1) of Council Directive (EEC) 89-105 (relating to the transparency of measures regulating the pricing of medicinal products for human use and their inclusion in the scope of national health insurance systems) in the context of actions brought by the applicant companies against the Belgian State in respect of measures adopted by the Belgian government freezing the prices of medicinal products.
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