Unilateral and unjustified termination of a license and supply agreement for medicinal products
Judgement of the Provincial Court of Madrid, of 17 December 2014, No 438/2014
Capsulas Nº 160
Background In 2008 two pharmaceutical companies signed a license and supply agreementfor medicinal products, according to which the licensee assumed the obligation to purchase the product exclusively from the licensor for a period of 5 years. Furthermore, a penalty clause was included, according to which in case the licensee purchased the medicinal product from other... Read More
The gifts handed out in a pharmacy do not escape from attention of the health authorities
Judgment of the Superior Court of Justice of Galicia of 29 January 2015
Capsulas Nº 160
Background In this judgment the Superior Court of Justice of Galicia ruled on the administrative appeal lodged by two pharmacists against the fine of 91.000 Euros that was imposed on them by the Galician Department of Health. The Galician health authorities imposed the abovementioned fine because the pharmacists had handed out gifts to clients who... Read More
The parties must abide by the fiscal terms as specified in the agreements, regardless of who the taxable person is
Judgment of the Supreme Court, First Civil Chamber, of 19 January 2015
Capsulas Nº 160
The Ministry of Defence sold several houses to the military men who occupied them. In the purchase agreements both parties agreed that all applicable taxes resulting from the change of ownership of the houses, would be borne by the buyers. The deeds specified that the sale was exempted from the value added tax (VAT) and, therefore,... Read More
Chambers & Partners Guide 2015
The 2015 Edition of the Guide confirms again Faus & Moliner as leader in pharmaceutical law in Spain
For some years now, the Chambers & Partners Guide assesses the reputation and competence of thousands of lawyers in Europe on the basis of interviews that their investigation team carries out directly with clients and other lawyers. This year’s Guide highlights the fact that Faus & Moliner’s has advised Uriach on the sale of its... Read More
Más jurisprudencia europea sobre transparencia
El GLOBAL
Asumiendo que seguimos inmersos en la redacción del nuevo real decreto sobre financiación y precio de los medicamentos, la lectura de la sentencia del Tribunal de Justicia de la Unión Europea de 26 de febrero en el asunto Servier es muy pertinente y recomendable. Los hechos debatidos y la decisión del Tribunal son conocidos. Cuando... Read More
Faus & Moliner participates in the “Master in Pharma and Biotech Business” of Fundación ESAME
Jordi Faus teaches a class on co-marketing and co-promotion agreements
The Master in Pharma and Biotech Business Law, organized by Fundación ESAME, aims to provide specific training applied to the most common agreements in the Pharmaceutical Sector as well as to the regulations of the Pharma & Biotech industry. During his conference held on the 23 of March in Madrid, Jordi Faus focused on the... Read More
The “new” Law on guarantees and rational use of medicinal products and medical devices
The Ministry presents a Draft Royal Legislative Decree which should be approved by the Government before the 25 of July
CAPSULAS Nº 159
Background In accordance with Article 82 of the Spanish Constitution, a Royal Legislative Decree is a rule that the Government can approve in order to consolidate into a single text certain rules, which have already been approved. Furthermore, the Government can take this opportunity to regulate, clarify and harmonise the rules that are to be consolidated; provided that this power has... Read More
Faus & Moliner participates at the Seminar on Risk Sharing Agreements organized by CEFI
Jordi Faus delivered a presentation on legal aspects of risk-sharing agreements
Since 2012, Spanish Law 29/2006 has included, as a criteria to consider when taking decissions on pricing and reimbursement of medicines, the so-called “return mechanisms” such as discounts or price reviews. On the other hand, it has been common, in recent times, to include mechanisms to reduce the uncertainty about the impact that the admission... Read More
Desafíos en terapias biológicas
El GLOBAL
Esta semana he tenido la ocasión de participar en una mesa redonda sobre terapias biológicas en el Congreso Nacional de Hospitales y Gestión Sanitaria celebrado en Alicante. La organización tuvo la gentileza de invitarme a participar junto con profesionales de reconocido prestigio en el ámbito de la farmacología, la clínica, y la gestión sanitaria. Cuando... Read More
Faus & Moliner participates at the 19th National Hospitals and Health Management Congress
Jordi Faus participates at a round table with a presentation on legal challenges of biological therapies
In recent times, the development of biological and biosimilar drugs has resulted in new legal challenges. Once the issues on the assessment and approval of these drugs were tackled at European level, rules at national level have had to deal with matters related to prescription, substitution and pharmacovigilance of these products. The relevance of these... Read More