I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
2009/C 90/24
Language of the case: English
Applicant: Association of the British Pharmaceutical Industry
Defendant: Medicines and Healthcare Products Regulatory Agency
Does Article 94(1) of Directive 2001/83/EC 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 the doctor to the patient; or
(b)a different prescription medicine to that which otherwise might have been prescribed 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.
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