Italy: Payback on medical devices – Start of the proceedings before the Constitutional Court

26 Jan 2024    1 minute read
Sectors Healthcare & Life Sciences

In brief

On 10 January 2024 the first order of referral to the Constitutional Court issued by the Regional Administrative Court (TAR) Lazio - Rome on the matter of payback was published in the Official Gazette.

Contents

Key takeaways

This is the first of a series of orders dated 24 November 2023 rendered in the context of a number of "pilot" judgments with which the TAR Lazio - Rome declared "relevant and not manifestly unfounded" the issue of constitutional legitimacy of the relevant legislation (Article 9-ter of Law Decree No. 78/2015), due to contrast with Articles 3, 23, 41 and 117 of the Constitution, suspending the related administrative judgments pending before the Section III-Quater.

Moreover, on 22 January 2024 the TAR Lazio - Rome published several orders of integration of the contradictory whereby, "as a partial amendment to the order of referral" and considering that "the aforementioned order of referral should be notified to all the parties to the proceeding, including those who did not take part in it, to be intended as all the parties referred to in the order of integration of the contradictory by means of public notices", the administrative judge requested the order to be notified to all the other parties, authorizing the Secretariat to use public notices for that purpose.

As a result, the numerous appeals filed by thousands of companies operating in the medical device sector have been suspended, while the incidental proceedings on the issue of constitutionality are pending.

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