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.