The applicants sought to suspend licences granted for grey or parallel imports of pharmaceutical products, pending resolution of the issue by the European Court. Licences had been granted for certain products, which the manufacturers considered to be superceded. This was an interim application. It first fell to be decided whether there was a serious issue to be tried. There was. Next would the damage be payable in damages. In this case no action would lie against the state, and losses would be irrecoverable. The balance of convenience lay in granting the injunction and to require suspension of the licences.
Judges:
Laws J
Citations:
[1997] EWHC Admin 1176
Links:
Statutes:
Medicines Act 1968, Council Directive 65/65/EEC of 26 January 1965 for the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products,, Medicines for Human Use (Marketing Authorisations etc.) Regulations 1994 (SI 1994/3144)
Jurisdiction:
England and Wales
Citing:
Applied – Regina v H M Treasury ex parte British Telecommunications Plc ECJ 1994
. .
Lists of cited by and citing cases may be incomplete.
Commercial, Intellectual Property, Licensing
Updated: 01 December 2022; Ref: scu.138121
