Falk Pharma v DAK-Gesundheit: ECJ 2 Jun 2016

ECJ (Judgment) Reference for a preliminary ruling – Public contracts – Directive 2004/18/EC – Article 1(2)(a) – Concept of ‘public contract’ – Scheme for acquiring goods consisting of the authorisation as a supplier of any economic operator who meets the predetermined criteria – Supply of medicinal products that are refundable under a general social security scheme – Contracts concluded between a statutory health insurance fund and all the suppliers of medicinal products based on a given active ingredient who consent to a rebate on the sale price at a predetermined rate – Legislation providing, in principle, for the substitution of a refundable medicinal product marketed by an operator not having concluded such a contract by a medicinal product of the same type marketed by an operator having concluded such a contract

C-410/14, [2016] EUECJ C-410/14, ECLI:EU:C:2016:399


Updated: 17 January 2022; Ref: scu.565140