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Document 62009CN0062
Case C-62/09: Reference for a preliminary ruling from High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) (United Kingdom) made on 13 February 2009 — Association of the British Pharmaceutical Industry v Medicines and Healthcare Products Regulatory Agency
Case C-62/09: Reference for a preliminary ruling from High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) (United Kingdom) made on 13 February 2009 — Association of the British Pharmaceutical Industry v Medicines and Healthcare Products Regulatory Agency
Case C-62/09: Reference for a preliminary ruling from High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) (United Kingdom) made on 13 February 2009 — Association of the British Pharmaceutical Industry v Medicines and Healthcare Products Regulatory Agency
OJ C 90, 18.4.2009, p. 15–16
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
18.4.2009 |
EN |
Official Journal of the European Union |
C 90/15 |
Reference for a preliminary ruling from High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) (United Kingdom) made on 13 February 2009 — Association of the British Pharmaceutical Industry v Medicines and Healthcare Products Regulatory Agency
(Case C-62/09)
2009/C 90/24
Language of the case: English
Referring court
High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court)
Parties to the main proceedings
Applicant: Association of the British Pharmaceutical Industry
Defendant: Medicines and Healthcare Products Regulatory Agency
Questions referred
Does Article 94(1) of Directive 2001/83/EC (1) preclude a public body forming part of a national public health service, in order to seek to reduce its overall expenditure on medicines, from implementing a scheme which offers financial incentives to medical practices (which may in turn provide a financial benefit to the prescribing doctor) to prescribe a specific named medicine supported by the incentive scheme that is either:
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(a) |
a different prescription medicine to the medicine previously prescribed by thedoctor to the patient; or |
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(b) |
a different prescription medicine to that which otherwise might have beenprescribed to the patient but for the incentive scheme, |
where such a different prescription medicine is from the same therapeutic class of medicines used for treatment of the patient's particular condition.
(1) Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use OJ L 311, p. 67