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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Servier Laboratories Ltd, R (on the application of) v National Institute for Health and Clinical Excellence & Anor [2009] EWCA Civ 927 (28 July 2009) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2009/927.html Cite as: [2009] EWCA Civ 927 |
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
(MR JUSTICE HOLMAN)
Strand, London, WC2A 2LL |
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B e f o r e :
and
LORD JUSTICE PATTEN
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THE QUEEN ON THE APPLICATION OF SERVIER LABORATORIES LTD |
Appellant |
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- and - |
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NATIONAL INSTITUTE FOR HEALTH AND CLINICAL EXCELLENCE & ANR |
Respondent |
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WordWave International Limited
A Merrill Communications Company
165 Fleet Street, London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
Mr D Stilitz (instructed by Messrs Beachcroft) appeared on behalf of the Respondent.
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Crown Copyright ©
Lord Justice Jacob:
"The provisions of this Directive shall not affect the powers of the Member States' authorities either as regards the setting of prices for medicinal products or their inclusion in the scope of national health insurance schemes, on the basis of health, economic and social conditions.
Everything that EMEA does is irrelevant to what Member States' authorities may do in respect of those specified matters. Those specified matters consist of decisions, so far as this country is concerned, of NICE on the basis of health, economic and social conditions.
Order: Appeal allowed in part