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Constitutional Court suspends medicines export ban law of 7 April 2019

With the law of 7 April 2019, the Belgian legislator provided for a de facto export ban of medicines with a view to counter medicine shortages in Belgium. In a first judgement, the Belgian Constitutional Court acknowledged that the law is prima facie in breach with Articles 10 en 11 of the Belgian Constitution, read in conjunction with Articles 34 to 36 of the Treaty of the Functioning of the European Union, thereby considering that the current legal framework (if enforced) already provides for sufficient guarantees to avoid shortages.

A final judgment on the annulment of the law is foreseen for October 2019.

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