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Comments on ECJ C-248/23: AG – Payment by the pharmaceutical company is a price reduction due to unclear legislation

Advocate General Ćapeta concludes that it is not clear to Novo Nordisk that the payment obligation is a tax and cannot be considered a price reduction. All requirements for the payment to be treated as a price reduction have been met. However, the AG notes that a Member State can adopt a more explicit tax measure to achieve the objective of financing national public health policy.

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