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In brief

With decree dated 7 April 2023, the Administrative Court of the Lazio Region rejected the request of a medical device company to shorten the statutory time limit for discussing its petition to suspend the enforcement of payment orders issued by Regions and Autonomous Provinces pursuant to the Italian payback legislation.

Key takeaways

Specifically, the Administrative Court clarified the deadline for the payment of payback amounts in light of the recent Law Decree No. 34/2023, which provided for a 52% discount on the amounts requested by Regions and Autonomous Provinces for those medical device companies that have not undertaken legal proceedings against the payback or waive them. In this regard, the administrative judge stated that for both companies that waive litigations and those willing to continue with them, the payment deadline is 30 June 2023. Therefore, Regions and Autonomous Provinces shall not be entitled to request the payment of payback amounts before that date to allow the companies to choose independently, within the timeframe indicated by the legislator, whether or not to continue with the litigations.


Roberto Cursano has been a lawyer in Baker McKenzie since September 2007. He focuses on healthcare law and compliance, and assists in tender procedures, the negotiation of public contracts and litigation before administrative courts. Mr. Cursano is a former administrative officer in the Italian Ministry of Health and helps clients work closely with the Italian Public Administration. He is admitted to the bar before the Italian Supreme Court and the Council of State. As well as training and tutoring in the master’s degree program on clinical trials of pharmaceutical products at the University of Rome Sapienza, Mr. Cursano regularly publishes articles and scientific contributions. He also frequently hosts and participates in seminars and presentations on pharmaceutical and administrative law matters.


Francesca R. Baratta is an Associate in Baker McKenzie Rome office.


Riccardo Ovidi is an Associate in Baker McKenzie Rome office.

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