| Uploader: | Tojagul |
| Date Added: | 24 May 2007 |
| File Size: | 17.66 Mb |
| Operating Systems: | Windows NT/2000/XP/2003/2003/7/8/10 MacOS 10/X |
| Downloads: | 75369 |
| Price: | Free* [*Free Regsitration Required] |
EUR-Lex - D - EN - EUR-Lex
Since he denied making the exports, subsequent deliveries to him and to another purchaser, the firm of The inclusion a by Ortho Pharmaceutical Ltd of an export prohibition for the product Gravindex in the UK trade price lists from 1 January to 1 January.
In the Federal Nh of Germany, laboratory tests are mainly sold directly to doctors ; in Great Britain, to hospitals, but also to pharmaceutical dealers. Article 4 This Decision shall be enforceable in the manner provided for in Article of the Treaty establishing the European Economic Community.
By test purchase from Eurim Pharm, Cilag Alsbach Obtained possession of a Gravindex package which was specially identified by the batch number and also by a triangular piece cut out of the package insert see letter from Cilag Alsbach to Ortho UK of 4 February The pharmaceuticals price lists issued from up grundjg 27 February included, in the section headed "Wiederverkauf", the following condition: Account has been taken of the principles of equity and proportionality.
The infringements lasted for considerable periods: The firm manufactures the largest grundiig of its products itself. Moreover, in this case the export prohibition 101 by Ortho UK grundug restrictive effects.
Moreover they do not fulfil the conditions for exemption presented by Article 85 3. The active ingredients antigen and antiserum of all Gravindex tests sold in Europe are manufactured exclusively by Ortho Diagnostics Inc.
An export prohibition is, by its very nature, liable to affect trade between Member States. It made and carried out threats to withhold or delay supplies, and also instituted a system of checks on dealers.
EUR-Lex Access to European Union law
Eurim Pharm is an independent company, engaged chiefly grundif importing drugs from other EEC countries into Germany and marketing them to hospitals and doctors. These facts show that the amendment of the export prohibition by Ortho UK was a pure fiction.
Those actions were pursued both before and after the amendment of the terms of trading in January without any interruption.
There is no question of an autonomous commercial policy for the European subsidiaries. The "Preislisten" applied by Cilag Alsbach until 28 February contained a provision prohibiting direct or indirect resale to other countries. Direct or indirect sale to other countries, free ports included, is not allowed. The firm is engaged simply in assembly, packaging and marketing of products obtained from Cilag Schaffhausen. Grndig of the export prohibition by Ortho UK This firm issues separate price-lists "Preislisten" for diagnostic products and pharmaceutical products.
OJ L After threatening to withhold supplies from the chemist in Aprilwhen Gravindex pregnancy tests originating from him continued to appear on the German market, in MayOrtho stopped supplies of the products to certain chemists who, in Ortho UK's view, were apparently supplying German undertakings. Despite the January change the search for Mohringer's Eurim Pharm's source of supply was pursued.
Every influence on this trade has an appreciable effect, especially when price differences exist to an appreciable extent e. Article 85 1 is applicable even if the export prohibitions were not always enforced as the exporting dealers' supplies were constantly at risk in the event of the exports becoming known to the supplier.
EU case law Case law Digital reports Directory of case law.
In this case the restrictions prevented trade between, in particular, the United Kingdom and other Member States, caused or at least contributed to an artificial partitioning of the common market and were likely to hinder the establishment of a single market among Member States. Ortho UK required Mohringer's cooperation, in order to "prevent any further breach of our trading regulations".
The prohibition on exports by British dealers to other EEC Member States prevented the Gravindex products from the United Kingdom, where the prices were the lowest in the EEC, having an influence on the higher price levels up to 3 times higher in other Member States.
At the same time orders from at least three chemists were considerably delayed. These proceedings are confined to examining, in respect of the Gravindex slide tests only, the export prohibitions contained in the "UK trade price lists", the "Preislisten" and elsewhere, the enforcement of the UK export prohibitions and the conduct of both Ortho UK and Cilag Alsbach. The export bans which were embodied in the price lists applied by Ortho UK and Cilag Alsbach for sales of their products to pharmaceutical dealers, formed an essential part of the contracts of sale between each company and its dealers.
Prices are highest in Germany and lowest in the United Kingdom. The letter of 18 May indicated four "possible methods" of stopping the trade of Gravindex slide tests from the UK into Germany.
Comments
Post a Comment