MSD Sharp & Dohme GmbH v Merckle GmbH (Case C-316/09); [2011] WLR (D) 159
“The dissemination on a website by a pharmaceutical undertaking of information relating to medicinal products available on medical prescription only, which consisted in the reproduction of the packaging, and in the literal and complete reproduction of the package leaflet or summary of the product’s characteristics, was not contrary to article 88(1)(a) of Parliament and Council Directive 2001/83/EC, as amended, prohibiting advertising to the general public of medicinal products available on medical prescription only. The dissemination of such information which had been rewritten by the manufacturer and which could only be explained by an advertising purpose was prohibited.”
WLR Daily, 5th May 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
