Advocate General's Opinion from the ECJ Finds Public Bodies' Prescribing Incentive Schemes to be UnlawfulMaria Isabel Man ley and Marina Barnden examine the advocate general's opinion from the European Court of Justice that could prevent governments from managing their public health systems freely.

摘要

The Association of the British Pharmaceutical Industry has won the first round in its battle against the UK Medicines Healthcare products Regulatory Agency regarding the legality of prescribing incentive schemes.On 11 February, European Court of Justice advocate general Niilo Jaaskinen in Association of the British Pharmaceutical Industry v Medicines and Healthcare products Regulatory Agency issued an opinion that puts the brakes on UK national health service schemes that seek to control healthcare expenditure by providing prescribing incentives in respect of specific named medicines1-2. The case raises important questions as to the nature and scope of the right of member states to manage their public health systems freely.AG Jaaskinen concluded that public bodies forming part of the National Health Service are precluded under European legislation from implementing a scheme that offers financial incentives to medical practices (which may in turn provide a financial benefit to the prescribing doctor) to prescribe a specific named medicine that is either different to that which might otherwise have been prescribed, or different to that which the patient has been previously prescribed. The applicable legislation is Article 94(1) of Directive 2001/83/EC, as amended (referred to hereafter as the Medicinal Code).