“Art 6 of Council Directive 89/105/EEC relating to the transparency of measures regulating the pricing of medicinal products for human use and their inclusion in the scope of national health insurance systems (OJ L40) (‘the Transparency Directive’) was engaged where the National Institute for Health and Clinical Excellence (‘NICE’) published guidance making a recommendation in respect of a health care intervention for treatment of patients after making a single technology appraisal pursuant to para 2(1)(a) of the Directions and Consolidating Directions to the National Institute for Health and Clinical Excellence 2005, issued by the Secretary of State pursuant to s 7 of the National Health Service Act 2006. Where the negative criteria for a single technology appraisal leading to the publication of guidance were the antithesis of the positive criteria it was incumbent upon the United Kingdom to communicate those criteria to the Commission of the European Communities pursuant to art 6 of the Transparency Directive. NICE was under a duty to act fairly in carrying out single technology appraisals.”
WLR Daily, 9th November 2009
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.