Kelemenis & Co. represents KLEVA Pharmaceuticals in contesting the rebate payable by pharmaceutical companies to social security organizations
Statute 3408/2005 introduced a rebate on pharmaceutical products that pharmaceutical companies must pay to social security organizations. ??e pharmaceutical industry has fiercely objected the methodology on the basis of which the rebate is being calculated, given that, amongst others, Ministerial Decision F. 42000/14734/532/22-7-2008, which was issued in execution of statute 3408/2005, has gone beyond the boundaries of its legal authorization and contradicts constitutional provisions and the principle of proportionality. In December 2008, Kelemenis & Co. was instructed by KLEVA Pharmaceuticals, one of the major pharmaceutical manufacturers in Greece, to contest before the competent administrative courts the relevant deeds of the Ministry of Employment whereby KLEVA Pharmaceuticals was requested to pay the rebate. It has therefore been requested that these deeds be annulled by the Court because they lack the appropriate legal reasoning and violate fundamental constitutional rules.