A recent ruling of the High Court of Cassation and Justice, administrative and fiscal disputes section, maintained the decision for annulment of the claw-back notifications issued against a drug distributor in 2010 pursuant to GEO no. 104/2009, covering an amount of several millions of Euros. This put an end to a long administrative dispute against some of the first claw-back notifications issued by the National Health Insurance House, based on an extremely vague and ambiguous legal framework that generated numerous litigation cases in practice.
The decision of the High Court of Cassation and Justice has confirmed the strategy and arguments presented in support of this action for annulment, legally based on the lack of clarity of both the primary regulation and of the amendments that had been brought at that time under norms and specifications.
This decision is all the more relevant, as the practice of the High Court in respect of the old claw-back tax has not always been consistent and the number of disputes over this issue has decreased, therefore this decision represents a de novo case law of the High Court in this matter.
The team of Bondoc si Asociatii that handled this file was formed of Lucian Bondoc, Viorel Dinu and Ioana Katona.