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Case C-20/22: Judgment of the Court (Seventh Chamber) of 22 December 2022 (request for a preliminary ruling from the Conseil d’État — France) — Syndicat Les Entreprises du médicament (LEEM) v Ministre des Solidarités et de la Santé (Reference for a preliminary ruling — Medicinal products for human use — Directive 89/105/EEC — Transparency of measures regulating the pricing of medicinal products for human use and their inclusion in the scope of national health insurance systems — Article 4 — Price freeze imposed on all medicinal products or on certain categories of medicinal products — National measure concerning only certain medicinal products, on an individual basis — Setting a maximum price for sales to health establishments of certain medicinal products)
ECLI:EU:UNKNOWN:62022CA0020
62022CA0020
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Official Journal of the European Union
C 63/9
(Case C-20/22) (<span class="oj-super oj-note-tag">1</span>)
(Reference for a preliminary ruling - Medicinal products for human use - Directive 89/105/EEC - Transparency of measures regulating the pricing of medicinal products for human use and their inclusion in the scope of national health insurance systems - Article 4 - Price freeze imposed on all medicinal products or on certain categories of medicinal products - National measure concerning only certain medicinal products, on an individual basis - Setting a maximum price for sales to health establishments of certain medicinal products)
(2023/C 63/11)
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: Syndicat Les Entreprises du médicament (LEEM)
Defendant: Ministre des Solidarités et de la Santé
Operative part of the judgment
Article 4(1) of Council Directive 89/105/EEC of 21 December 1988 relating to the transparency of measures regulating the pricing of medicinal products for human use and their inclusion in the scope of national health insurance systems
must be interpreted as meaning that the concept of a ‘price freeze … on all medicinal products or on certain categories of medicinal products’ does not apply to a measure whose purpose is to control the prices of certain medicinal products, on an individual basis.
(<span class="oj-super">1</span>) OJ C 119, 14.3.2022.