Belgium:
Abolition of Regulation re. Discounts on Price of Pharmaceutical Products
29 September 1995
Linklaters De Bandt
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The Royal Decree of 27 February 1995 officially abolished the Royal Decree of 17 April 1964 regulating discounts granted on the price of pharmaceutical products.
According to the Royal Decree of 1964, discounts were allowed only up to 10 % of the price paid by the patients.
The legal basis for the 1964 Decree was abolished in 1983 for pharmaceuticals not reimbursed by health insurance and in 1989 for pharmaceuticals which were reimbursed. Implicitly, the Royal Decree of 1964 was thus abolished, since any legal basis had disappeared.
However, there continued to be confusion about the effect of the 1964 Decree on discounts. Even in case law, contradicting interpretations could be found.
To improve legal security, the government has now officially revoked the 1964 Decree.
The content of this article is intended to provide general information on the subject matter. It is not a substitute for specialist advice.
De Bandt, van Hecke & Lagae - Brussels (32-2)517.94.53.
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