13
Oct 20
Ecommerce of medicines: the European Court of Justice states the applicability of certain restrictions imposed by a Member State destination of ecommerce upon a provider established in another Member State
On October 1, 2020, the European Court of Justice (“ECJ”) issued a very interesting judgment in a case between a company incorporated under Netherlands law that operates both a dispensing pharmacy established in the Netherlands and a website specifically targeting French customers and associations representing the professional interests of pharmacists in France.
Ecommerce of medicinal products: according to the European Court of Justice, certain legislative restrictions imposed by the Member State where medicines are offered to public also apply to the online pharmacy established in another Member State
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20
Jul 20
Supplementary protection certificates and Court of Justice: clarifications on the conditions for obtaining a supplementary protection certificate
On July 9, 2020, the Court of Justice (the “Court”) ruled on supplementary protection certificates (“SPCs”) in case C-673/18.
10
Jun 20
The new CJEU judgment on Regulation No. 469/2009/EC, in Royalty Pharma case C- 650/17 and the role of independent inventive activity
In the new case Royalty Pharma C-650/17 the CJEU provided further clarifications on the interpretation of Article 3(a) of Regulation No. 469/2009/EC for products covered by a functional definition but developed after the filing date of the patent as a result of an independent inventive step.
27
Mar 20
CJEU Advocate General says that samples of pharmaceutical products cannot be provided to pharmacists
On 30 January 2020, the conclusions of CJEU Advocate General Giovanni Pitruzzella were published on a preliminary ruling from the Bundesgerichtshof, the German Federal Court of Justice, in case C-786/18 (Ratiopharm v Novartis Consumer Health) regarding the free distribution of samples of medicines by the pharmaceutical companies.
10
Feb 20
Early lessons from the ECJ on access to documents included in a marketing authorization dossier
On January 22, 2020, the European Court of Justice (ECJ) issued its first rulings regarding access to European Union documents submitted as part of a request for marketing authorization (MA) for medicinal products (C-175/18 P, PTC Therapeutics International v. EMA; C-178/18 P, MSD Animal Health Innovation and Intervet International v. EMA).