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Brussels, 18 September 2008

Internal Market: closure of infringement procedure concerning Hungarian fee for pharmaceutical sales representatives

The European Commission has decided to close an infringement procedure concerning Hungarian legislation which regulates the promotion activities undertaken by pharmaceutical companies employing sales representatives.

The legislation in question is contained in the "Act XCVIII of 2006 on safe and economic medicine and medical device provision and the general rules of drug distribution" (subsection 4, section 36). This provision sets down a new payment obligation for pharmaceutical companies, in the form of an annual fee of five million HUF (around 20 000 Euros) for each person qualified and employed to promote medicines. Furthermore, the investigation concerned the compatibility of such an obligation with Articles 43 and 49 of the EC Treaty, providing respectively for the freedom of establishment and the free movement of services in the Internal Market.

The case has been closed as a result of the annulment by the Hungarian Constitutional Court, in a decision of 16.06.2008, of the provision in question.

The latest information on infringement proceedings concerning all Member States can be found at:

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