In brief
In a press release dated 3 April 2023, Confindustria Dispositivi Medici (the Italian Association of Medical Device Companies) announced the submission to the European Commission of a complaint to initiate infringement proceedings against Italy for the breach of the EU legislation on the matter of competition, market access and public procurement resulting from the Italian law governing the payback for medical devices.
Key takeaways
With the same press release, Confindustria Dispositivi Medici also expressed its disappointment at the measures recently introduced by Law Decree No. 34/2023 which, by establishing a fund to cover a share of the deficit resulting from the overrun of the expenditure ceiling for the purchase of medical devices and providing, in relation to the remaining share, a 52% discount on the payback amounts requested by Regions and Autonomous Provinces, has restricted the possibility of benefitting from such a discount to those medical device companies which have not undertaken legal proceedings against the payback or waive them. In this respect, Confindustria Dispositivi Medici suggested medical device companies to reject the offered discount and continue with the legal proceedings.