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R. v Medicines Control Agency ex parte Smith & Nephew Plc, intervener Primecrown Ltd [1997] 1 CMLR 812, Case C- 201/94

Case Summary  |  Judgment  |  26 December 1996

 

EC Medicines Directive - Free movement of goods - Marketing authorisation for parallel imports. Concerned the compatibility with Community law of the grant by the Medicines Control Agency of a product licence for parallel importation of a pharmaceutical from another member state. The ECJ decided that a product licence allowing parallel importation should be granted when the same products in different member states are put on the market by companies under licence from a common licensor, as well as in the case when the companies are corporately linked.