Historical Archive

CIVIL LIABILITY OF THE IMPORTER OF MEDICINAL PRODUCTS

Court of Appeal of Rome

The simple activity of importing and distributing medicines maintains its dangerous nature, even if the product was only imported and marketed by a company which, carrying out the mere importing activity, had not carried out any manipulation and processing of the medicine, given that the same, precisely because of its activity, cannot have ignored the composition of the medicine and its effects, moreover, studied in medicine treatises on the active ingredient used, the main component of the medicine. The activity of importing and marketing medicines can be classified as a dangerous activity, pursuant to article 2050 of the civil code, as it is characterized by the statistical probability of harmful events and by the seriousness of reasonably foreseeable damages. (Lawyer Ennio Grassini – www.dirittosanitario.net)

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Fedaiisf Federazione delle Associazioni Italiane degli Informatori Scientifici del Farmaco e del Parafarmaco