The ECJ Advocate General Sharpston issues opinion on the repackaging of parallel-traded pharmaceuticals (The Wellcome Foundation)

On 9 October 2008, Advocate General Sharpston issued her opinion in Case C-276/05 (The Wellcome Foundation Ltdv Paranova Pharmazeutika Handels), a preliminary reference to the European Court of Justice (“ECJ”) from the Austrian Supreme Court. These proceedings add yet another episode to the long-running jurisprudential saga concerning the rules for the repackaging of parallel-traded pharmaceuticals, discussed most recently in the Boehringer Iand IIcases (Cases C-143/00 and C-348/04 respectively). In Boehringer Iand II, the ECJ gave guidance regarding the conditions set forth in Bristol-Myers Squibb(joined cases C-427/93, C-429/93 and C-436/93), pursuant to which Article 7(2) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating

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  • Van Bael & Bellis (Brussels)

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Peter L'Ecluse, The ECJ Advocate General Sharpston issues opinion on the repackaging of parallel-traded pharmaceuticals (The Wellcome Foundation), 9 October 2008, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 44668

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