AG opinion in son-of-Syfait ECJ case

Advisory opinion (about 17 pages in French) of an advocate-general of the European Court of Justice in a dispute between the pharmaceutical company GSK and parallel traders from Greece. The parallel traders are complaining that GSK limits the quantities that it agrees to sell in Greece in order to prevent parallel trade to other EU countries. The dispute is closely related to the Syfait case in which the European Court declined jurisdiction.

The opinion explores the application of Article 82 to this dispute. It suggests that:

Even if the ECJ follows this advisory opinion, a possibility will remain that GSK might provide better evidence on justification to to the Greek court: the ECJ only provides a preliminary ruling on EC law and does not decide these cases.

Note on ECJ Advocate General opinions

For further information or advice please contact Franck Latrémolière.

Filed under ECJ/CFI, Healthcare, Pharmaceuticals.

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