Judgment of the South Central Administrative Court of 23 January 2014 Case no. º 10564/13

APIFARMA appealed to the South Central Administrative Court of the sentence upheld the dilatory exception of active illegitimacy of injunction suspending the effectiveness of the rules contained in paragraphs 1, 2, 3, 4, 5 and 6 of Order 4294 -A/2013, of 20 May which led to a 15% reduction in the maximum retail selling prices of reagents (test strips) to determine glycemia,  ketonemia and ketonuria  and needles, syringes and lancets for people with diabetes. Indeed, according to the sentence, APIFARMA has no legitimacy in court to take individual rights and legally protected interests of its members or of interest in acting for members they are not specifically identified.

APIFARMA has claimed that the rules contained in the order, by their nature, affect the legal rights of its the members, preventing them to continue to charge whatever prices they had practiced before its entry into force, causing current and future damages. For that, the elimination of these rules in the legal system and the suspension of their effectiveness, will allow members of APIFARMA back to practicing p rices than previously practiced.

The judgment under review came to agree with APIFARMA to conclude that this is a legitimate party to defend the collective interests of its members, and to collectively defend the individual interests of its members operating in the market covered by those provisions, and consequently agreed with the appeal by the revocation of the contested judgment and ordering the suspension of effectiveness of the rules contained in paragraphs 1, 2, 3, 4, 5 and 6 of Order 4294-A/2013, 20 May.