Athens, 19.12.2008
Kelemenis & Co. represents KLEVA Pharmaceuticals
in contesting the rebate payable by pharmaceutical companies
to social security organizations
Statute 3408/2005 introduced a rebate on pharmaceutical
products that pharmaceutical companies must pay to social
security organizations. ??e pharmaceutical industry has
fiercely objected the methodology on the basis of which
the rebate is being calculated, given that, amongst others,
Ministerial Decision F. 42000/14734/532/22-7-2008, which
was issued in execution of statute 3408/2005, has gone beyond
the boundaries of its legal authorization and contradicts
constitutional provisions and the principle of proportionality.
In December 2008, Kelemenis & Co. was instructed by
KLEVA Pharmaceuticals, one of the major pharmaceutical manufacturers
in Greece, to contest before the competent administrative
courts the relevant deeds of the Ministry of Employment
whereby KLEVA Pharmaceuticals was requested to pay the rebate.
It has therefore been requested that these deeds be annulled
by the Court because they lack the appropriate legal reasoning
and violate fundamental constitutional rules.
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