Italian Highest Administrative Court Refers Avastin/Lucentis Case for Second Time to Court of Justice of European Union
- 31/03/2021
- Articles
We are pleased to present a note on the questions which the Consiglio di Stato, Italy’s highest administrative court, presented earlier this month to the Court of Justice of the European Union (CJEU) in the Avastin – Lucentis case which Hoffmann-La Roche and Novartis have now been litigating in various courts and before several competition authorities around Europe for a considerable period of time. This newest procedural development marks the second time that the Italian court asks the CJEU for help.
While the questions lie at the intersection of Italian procedural law and European law, the parties hope to revive what seems to be a losing battle over the off-label use of Avastin® and its interchangeability with Lucentis®, another, more expensive medicine that was specifically authorised for that use.