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Interim suspension by the Lazio Regional Administrative Court also announced

In brief

In the context of the conversion into Law of the Law Decree No. 51/2023, the Chamber of Deputies approved an amendment extending from 30 June to 31 July, 2023 the payment of payback amounts due by medical device companies. The amended text, on which the Chamber of Deputies was asked for a vote of confidence, received the majority of affirmative votes and has now been transmitted to the Senate.


Key takeaways 

With regard to the payback on medical devices, the Lazio Regional Administrative Court issued a decree suspending payment orders issued by various Italian Regions, admitting the motion filed by several medical device companies.

The arguments used by the companies in the appeal leverage on the impossibility of paying the requested amounts by 30 June 2023 “given the absence of sufficient corporate liquidity” which would entail “the actual risk of suffering the compensation provided for by Law Decree No. 78/2015 as early as July 1, 2023, with extremely serious consequences, resulting in a financial crisis that would affect the business continuity”.

Author

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.

Author

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

Author

Riccardo Ovidi is an Associate in Baker McKenzie Rome office.

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