CASE COMMENTS: STATE AIDS - TAX ON DIRECT SALES OF MEDICINES - NOTION OF STATE AID - ALTMARK CASE LAW - COMPENSATION FOR DISCHARGING PUBLIC SERVICE OBLIGATIONS IMPOSED ON WHOLESALE DISTRIBUTORS - BURDEN OF PROOF IN RELATION TO OVERCOMPENSATION - PRINCIPLE OF EFFECTIVENESS

Altmark case law: The Court of Cassation checks the condition under which a Court of Appeal implements the Altmark test (Glaxosmithkline - ACOSS)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. 2nd civ. 14 March 2007, Glaxosmithkline Laboratory and ACOSS, n° 04-30.053 The saga of the cases brought before the judicial judge by pharmaceutical companies for the restitution of sums paid as a contribution payable by them on the direct sale of medicines to pharmacies (Article L. 245-6-1 of the Social Security Code) is entering a new phase. The aftermath of the saga of the tax on the direct sale of medicines In that case, as in the Laboratoires Boiron case (which gave rise to two references to the Court for a preliminary ruling), Laboratoire Glaxosmithkline took the view that the levy on the direct sale of medicines constituted State aid

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Jean-Yves Chérot, Altmark case law: The Court of Cassation checks the condition under which a Court of Appeal implements the Altmark test (Glaxosmithkline - ACOSS), 14 March 2007, Concurrences N° 2-2007, Art. N° 13552, p. 148

Visites 5618

All reviews