Legislative and Case-Law Analysis of Parallel Trade in Medicinal Products
Legislative and Case-Law Analysis of Parallel Trade in Medicinal Products

Author(s): Cristina-Luiza Erimia
Subject(s): International Law, EU-Legislation
Published by: Scientia Moralitas Research Institute
Keywords: European legislation; Court of Justice of the European Union
Summary/Abstract: Although the European Union has long faced the problem of the shortage of medicines, the European Parliament resolution of 17 September 2020 on the shortage of medicines (P9_TA(2020)0228, paragraph 65) states that due to the increasing global demand for medicines and the COVID-19 pandemic, medicine shortages have become even more acute, affecting Member States' health systems and posing considerable risks to patients' health and care. The Committee on Industry, Research, and Energy, in its opinion of 16.6.2020 (A9-0142/2020, p. 36), recognizes that parallel trade can cause a shortage of medicines and calls on the Commission and the Member States to adequately address the problems of parallel trade in medicines in the EU, in order to prevent export shortages caused by considerable differences in the price of medicine between Member States. In this context, this article aims to analyze the regulations at the level of the European Union, the case law of the Court of Justice of the European Union, as well as the national legislative measures relating to intra-EU trade in the pharmaceutical market.

• Details
• Contents