Dear clients and readers, We are proud to announce that we have recently won a new important administrative lawsuit case against the Spanish Administration Government.
In a nutshell, our client, – an important pharmaceutical company based in Torrevieja,- was unduly accused of prescribing unlicensed Magisterial Prescriptions, and intended to impose them a fine of more than 30.000 euros.
What is a magistral preparation?
First of all, I will start with a brief introduction to the various product categories. This term comes from the pharmaceutical sector, and it refers to medicines made by the chemist himself based on a prescription. It may be a very specific formula, a standardized recipe or a composition in which a medicinal product is processed. These preparations must be formulated in accordance with approved licences and regulations, depending on the specific kind of composition.
The Court dismissed the claim brought against our client and 100% agreed with all the allegations made in our reply to the claim. Please see below an extract of the Judgment.
According to this decision, the Court has stated that in administrative matters, it has been repeatedly declared, – both by the jurisprudence of our highest Supreme Court and by that of the Constitutional Court, – that the principles that inspire Criminal Law are also applicable, – with certain nuances, – to administrative sanctioning law. From this perspective, the burden of proof always lies on the Administration.
Therefore, the fundamental right to the presumption of innocence in the field of sanctioning administrative law presupposes, that no one can be held responsible for an administrative offense by virtue of evidence of charge obtained in an unconstitutionally legitimate manner (Decisions Constitutional Court TC 13 / 1.982, of April 1, 36 / 1.985, of March 8, 76 / 1.990, of April 26 and 3 / 1.999, of January 3, and S.T.C. 138/1990, among others).
This particular recent legal decision has a tremendous practical impact in those future cases for hundreds of other Spanish and EU private individuals or companies, who might have been unfairly fined by the government, either in any tax or any other administrative matter.
100% Rate of Success Administrative Lawsuits
At BZN LEX INTERNATIONAL LAWYERS, we have a proven history of bringing successful actions or appeals against public authorities, and administrative bodies across the country, and we are proud to say that so far, we are winning all the Court cases against the local administrations and public authorities in general.
How to contact us?
We hope this information is useful. Should you be interested in receiving more specific advice and information, (either about this particular subject or any other), you can contact our firm several ways:
1. Call us or send us a WhatsApp now to (0034) 687 88 88 73.
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Finally, thank you very much for your attention, and in case you might have any question or doubt at all about our new case won, again please do not hesitate to contact us and we will be glad to clarify at your earliest convenience.
We look forward to helping you and the benefit of our “know-how”.
Mr Oscar Ricor
“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practising Spanish Solicitor.