Case C-62/09: Judgment of the Court (Fourth Chamber) of 22 April 2010 (reference for a preliminary ruling from the High Court of Justice (England & Wales), Queen’s Bench Division (Administrative Court) — United Kingdom) — The Queen, Association of the British Pharmaceutical Industry v Medicines and Healthcare Products Regulatory Agency (Directive 2001/83/EC — Article 94 — Financial inducements to medical practices which prescribe certain medicinal products to their patients — Public health authorities — Doctors — Freedom to prescribe)
Date: 2010-04-22
Institutions: Court of Justice
Subjects: Court of Justice of the European Union, United Kingdom, interpretation of the law, medicinal product, pharmaceutical industry








C_2010161EN.01001101.xml










19.6.2010   


EN


Official Journal of the European Union


C 161/11






Judgment of the Court (Fourth Chamber) of 22 April 2010 (reference for a preliminary ruling from the High Court of Justice (England & Wales), Queen’s Bench Division (Administrative Court) — United Kingdom) — The Queen, Association of the British Pharmaceutical Industry v Medicines and Healthcare Products Regulatory Agency
(Case C-62/09) (1)

(Directive 2001/83/EC - Article 94 - Financial inducements to medical practices which prescribe certain medicinal products to their patients - Public health authorities - Doctors - Freedom to prescribe)
(2010/C 161/14)
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: The Queen, Association of the British Pharmaceutical Industry

Defendant: Medicines and Healthcare Products Regulatory Agency

Intervener in support of the defendant: NHS Confederation (Employers) Company Ltd

Re:

Reference for a preliminary ruling — High Court of Justice (England & Wales), Queen’s Bench Division (Administrative Court) — Interpretation of Article 94(1) of 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 2001 L 311, p. 67) — Implementation by a public body forming part of the national health service of a financial inducement scheme in favour of medical practices which prescribe certain medicinal products to their patients

Operative part of the judgment

Article 94(1) of 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, as amended by Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004, must be interpreted as not precluding financial incentive schemes, such as the one at issue in the main proceedings, implemented by the 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 is 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.


(1)  OJ C 90, 18.4.2009.