The European Court of Justice rules that the Greek Competition Authority is not a “court or tribunal” in the meaning of Art. 234 EC and therefore can not apply for an ECJ preliminary ruling (Syfait / GlaxoSmithKline)

On 31 May 2005 the European Court of Justice (ECJ) delivered its judgment in Case C-53/03, Syfait and others v. GlaxoSmithKline AEVE and GlaxoSmithKline plc (“Syfait”), which raises the question of whether a dominant pharmaceutical undertaking is under a duty to supply unlimited quantities of prescription medicinal products to wholesalers in low-price Member States. The case had reached Luxembourg through a preliminary reference from the Greek Competition Authority, the Epitropi antagonismou. The Court considered the reference inadmissible, holding that the referring body is not a “court or tribunal” in the sense of Article 234 of the EC Treaty. The Court's ruling on the inadmissibility of preliminary references from national competition authorities (NCAs) has important repercussions of

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Assimakis Komninos, The European Court of Justice rules that the Greek Competition Authority is not a “court or tribunal” in the meaning of Art. 234 EC and therefore can not apply for an ECJ preliminary ruling (Syfait / GlaxoSmithKline), 31 May 2005, e-Competitions Bulletin May 2005, Art. N° 147

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