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Another ECJ fudge as GSK parallel trade case rumbles on

This article was originally published in Scrip

Executive Summary

Appeal, cross-appeal, response to the cross appeal, appeal, appeal, appeal – and this has only touched on the very the start of the Judgement handed down recently by the European Court of Justice (ECJ) in the GlaxoSmithKline Services v Commission parallel trade case. It is clear from the numerous forms of order sought in this case that it is both extremely important and fantastically confusing. Indeed, the ECJ’s initial approach was summed up at the beginning: “For the sake of clarity and given their similarity, certain of the grounds of appeal put forward by the appellants will be considered separately, whilst others will be examined together.” Did someone say “clarity”?

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