The French Supreme Court applies the EU Court of Justice Boiron State aid case law on burden of proof and annuls the judgment of the Versailles Court of Appeal dismissing the application by a pharmaceutical producer (GlaxoSmithKline)

Factual Background This case is one in a series of cases against pharmaceutical producers and wholesale distributors concerning a provision of the French Code de la santé publique (Public Health Code). The relevant provision obliges pharmaceutical wholesalers to stock enough medical products to ensure a month's supply to the pharmacies in its distribution area which it regularly serves as customers and to be able to guarantee delivery of every medicine sold on the market to the pharmacies in its distribution area which it regularly serves as customers and, in the case of medicines in their “range”, within 24 hours of receipt of the relevant order. This obligation is defined as a public service obligation in the Public Health code. Article 12 of Law No 97-1164 of 19 December 1997 on