The Supreme Court recognizes for the first time that rules on margins, deductions and discounts are linked to the RDL 5, 2000
-the TS suspends RD 823/2008 challenge procedure until the Constitutional Court did not give its opinion on the unconstitutionality of the RD 5, 2000
Madrid, 2011-January for the first time the Supreme Court recognizes the relationship of interdependence between standards that set margins, deductions and discounts and the RDL 5, 2000. For this reason it has decided to suspend the procedure of challenge of RD 823/2008 of May 16, which are set margins, deductions and discounts related to the distribution and dispensing of medicinal products for human use, until the Constitutional Court does not address the question of unconstitutionality of the RDL 5, 2000. Thus, the TS agrees declare the nullity of the order of date twenty-first day of June of the year one two thousand and ten, and suspend the present proceedings until that is resolved the question of unconstitutionality which brings causes the contested Law ”.
For FEFE, appellant in the appeal process, this resolution is important ” because until today the TS had never admitted the linkage to the RDL 5/2000 of the Royal Decrees 1328 / 2402, 2003 / 2004 and 823/2008. FEFE always said that these rules are nothing more than changes to RDL 5/2000 of 23 June, measures of rationalization of the use of medicinal products and public pharmaceutical expenditure containment urgent and therefore emanate each other.