Examples of using Parallel exports in English and their translations into Slovenian
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Competition- Community rules- Scope ratione materiae-Practices aimed at preventing or restricting parallel exports- Included.
In that connection, such an undertaking cannot rely on the fact that the parallel exports which it seeks to limit are of only minimal benefit to the final consumers.
(Article 82 EC- Abuse of dominant position- Pharmaceutical products-Refusal to supply wholesalers engaging in parallel exports- Ordinary orders).
In that connection, it should be noted that parallel exports of medicinal products from a Member State where the prices are low to other Member States in which the.
LÉLOS KAI SIA ANDOTHERS account of the fact that those wholesalers are involved in parallel exports of those products to other Member States.
Parallel exports of medicinal products from a Member State where the prices are low to other Member States in which the prices are higher open up in principle an alternative source of supply to buyers of the medicinal products in those latter States, which necessarily brings some benefits to the final consumer of those products.
Not even GSK hasdenied that its real aim is to eliminate the parallel exports by the wholesalers of the three medicines in dispute from Greece to other countries in the Community.
A contractual obligation linked to a broadcasting licence requiring the broadcaster to prevent its satellite decoder cards which enable reception of the licensed programme content from being used outside the licensed territory hasthe same effect as agreements to prevent or restrict parallel exports.
In this case it is common ground between the parties in the main proceedings that, by refusing to meet the Greek wholesalers' orders,GSK AEVE aims to limit parallel exports by those wholesalers to the markets of other Member States in which the selling prices of the medicinal products in dispute are higher.
It is true, as GSK AEVE has pointed out, that,for medicines subject to parallel exports, the existence of price differences between the exporting and the importing Member States does not necessarily imply that the final consumer in the importing Member State will benefit from a price corresponding to the one prevailing in the exporting Member State, inasmuch as the wholesalers carrying out the exports will themselves make a profit from that parallel trade.
Lélos kai Sia EE and Others v GlaxoSmithKline AEVE Farmakeftikon Proionton, formerly Glaxowellcome AEVE(Article 82 EC- Abuse of dominant position- Pharmaceutical products-Refusal to supply wholesalers engaging in parallel exports- Ordinary orders)(References for a preliminary ruling from the Efetio Athinon).
Article 82 EC must therefore be interpreted as meaning that an undertaking occupying a dominant position on the relevant market for medicinal products which,in order to put a stop to parallel exports carried out by certain wholesalers from one Member State to other Member States, refuses to meet ordinary orders from those wholesalers, is abusing its dominant position.
LÉLOS KAI SIA AND OTHERS a trading party constitutes abuse in the light of the degree to which that party's activities offer advantages to the final consumers, it is clear that, in the circumstances of the main proceedings,such an undertaking cannot base its arguments on the premiss that the parallel exports which it seeks to limit are of only minimal benefit to the final consumers.
Thus, agreements aimed at partitioning national markets according to national borders or making the interpenetration of national markets more difficult,in particular those aimed at preventing or restricting parallel exports, have been held by the Community judicature to be agreements whose object is to restrict competition within the meaning of that article of the Treaty.
In its written observations, GSK AEVE contends that the factors mentioned by the referring court in its questions constitute objective considerations, on the basis of which it cannot be regarded as an abuse for a pharmaceuticals company to limit supplies of medicines to the needs of a given national marketwhen confronted with orders from wholesalers involved in parallel exports to other Member States where the selling prices of those medicines are set at a higher level.
It follows that, even if the degree of regulation regarding the price of medicines cannot prevent any refusal by a pharmaceuticals company in a dominant position tomeet orders sent to it by wholesalers involved in parallel exports from constituting an abuse, such a company must nevertheless be in a position to take steps that are reasonable and in proportion to the need to protect its own commercial interests.
In this situation, GSK maintains that Member State price setting as well as the obligation to manage stocks to meet domestic demand constrain it to such an extent that the only means available to it to redress the situation from a business point of view is to make itmore difficult for the Greek wholesalers to carry out parallel exports to countries where the amount reimbursed for each product far exceeds that obtainable in Greece.
Those considerations equally deal with the argument raised by GSK AEVE, namely the impact of State regulation on the supply of medicinal products,and more par-ticularly the argument that undertakings that engage in parallel exports are not subject to the same obligations regarding distribution and warehousing as the pharmaceuticals companies and are therefore liable to disrupt the planning of production and distribution of medicines.
Although the degree of price regulation in the pharmaceuticals sector cannot therefore preclude the Community rules on competition from applying, the fact none the less remains that, when assessing, in the case of Member States with a system of price regulation, whether the refusal of a pharmaceuticalscompany to supply medicines to wholesalers involved in parallel exports constitutes abuse, it cannot be ignored that such State intervention is one of the factors liable to create opportunities for parallel trade.
In view of the foregoing, the answer to the questions referred should be that Article 82 EC must be interpreted as meaning that an undertaking occupying a dominant pos-ition on the relevant market for medicinal products which,in order to put a stop to parallel exports carried out by certain wholesalers from one Member State to other Member States, refuses to meet ordinary orders from those wholesalers is abusing its dominant position.
Thus on a number of occasions the Court has held agreements aimed at partitioning national markets according to national borders or making the interpenetration of national markets more difficult,in particular those aimed at preventing or restricting parallel exports, to be agreements whose object is to restrict competition within the meaning of that Treaty article.
It must be examined in this context whether, as GSK AEVE claims, particular circumstances are present in the pharmaceuticals sector, by reason of which the refusal by an undertaking in a dominant position to supplyclients in a given Member State who engage in parallel exports to other Member States where prices for medicines are higher does not, generally speaking, constitute an abuse.
In the light of the abovementioned Treaty objective as well as that of ensuring that competition in the internal market is not distorted, there can be no escape from the prohibition laid down in Article 82 EC for the practices of an undertaking in adominant position which are aimed at avoiding all parallel exports from a Member State to other Member States, practices which, by partitioning the national markets, neutralise the benefits of ef-fective competition in terms of the supply.
In short, the Commercial Solvents and United Brands cases show that a dominant undertaking which avoids supplying goods, particularly when there are no substitutes, as in the case of Lamictal,and reserves to itself the parallel export market, is committing an abuse under Article 82 EC.
Each distributor was obliged to preventexports from its territory to another through unofficial distribution channels(so-called parallel trade). Under Nintendo's leadership, the companies collaborated intensively to find the source of any such exports. .
We need to take thisopportunity to deliver a comprehensive outcome tackling in parallel all forms of export support.
In the context of the DDA commitment on parallel elimination of all forms of export subsidies, the EC envisages eliminating export refunds on agricultural and food products.
SDT02b- correct and prevent trade restrictions anddistortions in world agricultural markets including by the parallel elimination of all forms of agricultural export subsidies and all export measures with equivalent effect, in accordance with the mandate of the Doha Development Round.
Calls on WTO members to correct and prevent traderestrictions and distortions in world agricultural markets, including through the parallel elimination of all forms of agricultural export subsidies and disciplines on all export measures with equivalent effect.