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Valentina R., lawyer
(Article 82 EC - Abuse of dominant position - Pharmaceutical products - Refusal to supply wholesalers engaging in parallel exports - Ordinary orders)
(2008/C 301/11)
Language of the case: Greek
Applicants: Sot. Lelos kai Sia EE (C-468/06), Farmakemporiki AE Emporias kai Dianomis Farmakeftikon Proionton (C-469/06), Konstantinos Xidias kai Sia OE (C-470/06), Farmakemporiki AE Emporias kai Dianomis Farmakeftikon Proionton (C-471/06), Ionas Stroumsas EPE (C-472/06), Ionas Stroumsas EPE (C-473/06), Farmakapothiki Farma-Group Messinias AE (C-474/06), K.P. Marinopoulos AE Emporias kai Dianomis Farmakeftikon Proionton (C-475/06), K.P. Marinopoulos AE Emporias kai Dianomis Farmakeftikon Proionton (C-476/06), Kokkoris D. Tsanas K. EPE and Others (C-477/06), Kokkoris D. Tsanas K. EPE and Others (C-478/06)
Defendant: GlaxoSmithKline AEVE Farmakeftikon Proionton
Reference for a preliminary ruling — Efetio Athinon — Interpretation of Article 82 EC — Abuse of a dominant position — Refusal of an undertaking holding a dominant position to meet fully orders placed by pharmaceutical wholesalers, with the intention of limiting their export activity and, consequently, the harm caused to it by parallel trade
Article 82 EC must be interpreted as meaning that an undertaking occupying a dominant position on the relevant market for medicinal products which, in order to put a stop to parallel exports carried out by certain wholesalers from one Member State to other Member States, refuses to meet ordinary orders from those wholesalers, is abusing its dominant position. It is for the national court to ascertain whether the orders are ordinary in the light of both the size of those orders in relation to the requirements of the market in the first Member State and the previous business relations between that undertaking and the wholesalers concerned.
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(1) OJ C 20, 27.1.2007.