Preslmayr Attorneys at Law

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Q&A: pharma & medical device regulation in Austria

December 10 2019 A Q&A guide to pharma & medical device regulation in Austria, covering the healthcare bodies and competent authorities, marketing authorisation, defective and unsafe products and much more.

Fixing the WhatsApp gap?

July 13 2017 This update addresses the following key points: The Cartel Act Amendment Law 2017 implemented the EU Cartel Damages Directive (2014/104). The law…

Fat-burning injections - medical information from beauticians

April 25 2018 A client recently sued her beautician because of an unsuccessful fat-burning injection treatment. The first-instance court granted the plaintiff…

Cannabidiol in food and cosmetics

May 15 2019 While there are signs of greater liberalisation with respect to hemp use internationally, the Austrian government has resisted this trend. In October…

ECJ rules on date of first authorisation

January 13 2016 Article 13(1) of the EU Supplementary Protection Certificate (SPC) Regulation (469/2009)(1) provides that an SPC will take effect at the end of the…

Q&A: the promotion and sale of pharmaceuticals and medical devices in Austria

October 20 2021 This Q&A covers the essential legal and practical considerations surrounding the promotion and sale of pharmaceuticals and medical devices in Austria.

Q&A: marketing authorisation for pharmaceuticals and medical devices in Austria

October 20 2021 This article answers some of the key legal and practical questions surrounding the grant of marketing authorisation for pharmaceuticals and medical devices in Austria.

No profit from blood donations

June 16 2021 The Supreme Court recently had to decide whether a lump-sum compensation for expenses must be considered profit. According to Section 8 of the Blood…

Court dismisses complaint against limitations on sale of medicinal products

April 28 2021 The Act on Medicinal Products and the Trade and Industry Act set strict rules on the sale of medicinal products. The German-Austrian drugstore chain…

Ascertainment of (dis)conformity of in vitro diagnostics

March 10 2021 The Supreme Court of Justice recently found that a party involved in the marketing of in vitro diagnostics devices did not infringe the Act on Medical…