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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

ECLI:EU:UNKNOWN:62009CN0062

62009CN0062

January 1, 2009
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18.4.2009

Official Journal of the European Union

C 90/15

(Case C-62/09)

2009/C 90/24

Language of the case: English

Referring 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 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

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