Parallel traders v GSK (Greece) [2008] EUECJ C-468/06

Preliminary ruling (about 11 pages) of the European Court of Justice on a series of references from a Greek court about the application of Article 82 to attempts by GSK to restrict parallel exports of its products from Greece. The dispute is related to the Syfait case in which the European Court declined jurisdiction.

In line with the Advocate General opinion, the court held that the supply restrictions imposed by GSK in this case were abusive unless objectively justified, and that the attempts at justification put forward by GSK to the ECJ were not valid.

The only circumstance endorsed by the court as capable of justifying a refusal to supply is if GSK “is confronted with orders that are out of the ordinary in terms of quantity”. This is drawn from United Brands. The question of whether the orders that GSK refused were out of the ordinary is left for the Greek court to determine.

For further information or advice please contact Franck Latrémolière.

Filed under Article 82, ECJ/CFI, Greece, Healthcare, Pharmaceuticals.

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