Court restricts parallel imports

Published: 1-Dec-2002


The European Court of Justice has laid down restrictions on parallel imports, declaring that European law bans companies from bundling together retailed cartons of pharmaceuticals and selling them on as multi-packs. It has ruled that parallel importers Kohlpharma and MTK Pharma Vertriebs broke EU law by repackaging Insuman Comb manufactured by Aventis Pharma Deutschland, which they have the right to market in France in packs of five cartridges.

The parallel importers have been combining them into packs of 10 and selling these in Germany, presenting them in the same way as those made by Aventis, which has marketing approval for selling packs of five or 10. According to the ruling: 'The detailed and specific requirements regarding the packaging of the medicinal products are intended to prevent consumers from being misled.'

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