Italy: Payback on medical devices: further precautionary suspensions granted by the Lazio Regional Administrative Court

26 Sept 2023    1 minute read
Sectors Healthcare & Life Sciences

In brief

Following the council chamber hearings held on 11 and 12 September 2023, the Lazio Regional Administrative Court ("Court") upheld further precautionary petitions filed by medical device companies and suspended the payment orders issued by Regions and Autonomous Provinces, thereby confirming the suspension already granted to several companies by monocratic precautionary decrees issued in the past months pursuant to article 56 of the Code of the Administrative Procedure.

Contents

Key takeaways

The Court recognized the grounds for the suspension since the upcoming deadline to comply with payment orders, recently set for 30 October 2023, and the existence of various regional notes indicating the intention to offset claims in case payback amounts are not timely paid, entail the concrete risk for companies to incur in the offset of their claims thus significantly impacting on their financial stability. The Court also expressed the intention to rule on the merits of the payback in a relatively short period of time scheduling a "pilot hearing" on 4 October 2023.
 

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