To contract with public administrations, companies must comply with the mandatory employment quota of 2% for people with disabilities
Law 40/2015, of 1 October, on the Legal System governing the Public Sector
Capsulas Nº 165
Background In October, the new law on the Legal System governing the Public Sector was published in the Official State Gazette. As usual, the legislator took advantage of the enactment of a new law to amend other legal texts in force by including a wide range of final provisions. Thus, Final Provision Nine of Law... Read More
Consultancy firms may be fined for restricting competition if they actively collaborate in the management of a cartel
Judgment of the Court of Justice of the European Union of 22 October 2015, Case C-194/14 P, AC-Treuhand
Capsulas Nº 165
Background Community competition law, as is well known, considers that agreements between companies, decisions by business associations and concerted practices that could potentially affect trade between Member States and that may prevent, restrict or distort competition in the internal market are inconsistent with said market and thus prohibits them. The Spanish Competition Law contains similar... Read More
The FENIN Code cannot be used for complaints regarding advertising addressed to the general public
Judgment of the Jury of Autocontrol of 15 October 2015
Capsulas Nº 165
Background This judgment was handed down as a result of a complaint brought against advertising produced by the manufacturer of ostomy products. To commemorate “World Ostomy Day”, the advertiser, with a view to raising awareness about ostomy and improving the quality of life of these patients, disseminated leaflets containing information on ostomy to the public... Read More
Faus & Moliner participates in the MBA on Pharma & Biotech and in the Master on Scientific Departments of the Pharmaceutical Industry
Verónica Carías and Carmela Losada taught the seminars “International patent systems” and “Industrial property and pharmaceutical products’ patents”
Knowledge on protecting inventions, pharmaceutical and biotechnological patents and how to prepare the applications to obtain patents is essential for future professionals in this area. On 18 November of 2015, Faus & Moliner lawyers Verónica Carías and Carmela Losada taught the seminar “International patent systems” of the 1st Edition of the MBA on Pharma &... Read More
Los precios en Europa y el umbral mínimo
El Global
En los últimos meses, el Tribunal Supremo ha dictado diversas sentencias relacionadas con las normas aplicables en España a los precios de referencia y a las agrupaciones homogéneas. En el mes de Junio, se admitió un recurso contra la inclusión, en una agrupación homogénea de medicamentos que no pueden considerarse intercambiables desde el punto de... Read More
Faus & Moliner participates at the Meeting organized by the Group RI&MA Institutional Relations and Market Access
Jordi Faus speaks about the latest develoments in price legislation and reimbursement of medicines
In 2015, there have been new significant developments in legislation concerning prices and reimbursement of medicines. Among these, we can higlight two judgments of the Court of Justice of the European Union, which interpret Directive 89/105, a Supreme Court judgment on the interchangeability of products that belong to the same homogenous group; and another one... Read More
Y al final de la legislatura, novedades
EL GLOBAL
Es muy posible que la última contribución del actual gobierno al derecho farmacéutico sea la modificación de la Ley de Garantías en lo que se refiere a descuentos, no discriminación delos medicamentos de marca, y el no copago por la medicación que se recibe en los hospitales. La liberalización de los descuentos y la eliminación... Read More
Liberalisation of discounts offered by pharmaceutical companies to pharmacies
The Official Journal of the Spanish Parliament of 27 October publishes the final text of the Finance Law for 2016
Capsulas Nº 164
Maximum rate eliminated As of 1 January 2016, the maximum discount rate of 10% that distributors and pharmaceutical companies were allowed to offer pharmacies on medicinal products financed by Spain’s National Healthcare System (SNS) will disappear. In this respect, it is important to recall that the general rules governing competition fully apply to the sale... Read More
The “vis atractiva” of the classification as medicinal products does not apply to cosmetic products
Judgment of the Court of Justice of the European Union (CJEU), of 13 September 2015, Case C-321/14
Capsulas Nº 164
Background The company Karnevalservice markets noncorrective colour contact lenses in Germany. These products are designed to alter the user’s appearance for recreational purposes, not to remedy any kind of visual deficiency. At the time of the events, the labelling of these lenses included a statement informing the user that they were a “cosmetic eye accessory,... Read More
Requiring that health services be provided in a specific geographic location may be contrary to European regulations
Judgment of the Court of Justice of the European Union (CJEU), of 22 October 2015, Case C-552/13
Capsulas Nº 164
Background In the Basque Country, public health services are provided on the basis of a system of a regional organisation divided into healthcare districts. Under that system, patients are served by a particular hospital -the “hospital of reference”- located in the corresponding healthcare district. In order to improve the quality of service, the competent authorities... Read More