CELEX: 62009CN0062
Language: en
Date: 2009-02-13 00:00:00
Title: 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

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:
   
               (a)
            
            
               a different prescription medicine to the medicine previously prescribed by thedoctor to the patient; or
            
         
               (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