Les comptes de la Secu rougiront may be less during this period. After missing the opportunity in 2019 to be reimbursed 115.9 million euros from Sanofi, the National Health Insurance Fund (Cnam) could be the final one to snatch this amount from the pharmaceutical laboratory. In a judgment of February 9, 2022, the Paris Court of Appeal in fact overturned the decision of the commercial court which had concluded that the action brought by Cnam was time-barred. It must be said that the naked dispute does not date from yesterday….
Since 2009, when Sanofi is already marketing a well-known treatment for patients with cardiovascular disease from Plavix. This drug is then the fourth best-selling drug in the world, except that its active ingredient, Clopidogrel, has just been withdrawn from its regulatory protection. Thus, cheaper generic versions of Plavix are being marketed by other pharmaceutical labs. Sanofi itself decides to sell its credits. The problem is that the lab has at the same time strongly encouraged doctors and pharmacists to continue to give preference to its medications.
Unsurprisingly, the Competition Authority sanctioned these practices by condemning the pharmaceutical group in 2013 to pay a € 41 million fine for “abuse of a dominant position”. If, according to the Echoes, which had revealed the decision of the Paris Commercial Court in 2020, some laboratories claimed millions of euros before concluding agreements with Sanofi, Cnam did not negotiate anything. that she was in charge of reimbursing Plavix to patients. And it took a long time to sue Sanofi and claim 115.9 million euros. Its action was, in effect, filed only in 2017, eight years after the case began.
In the end, it is in Sanofi’s annual report, freshly posted on its website, that it discovers the judgment of the Paris Court of Appeal. It reads: “On February 9, 2022, the Paris Court of Appeal overturned the judgment of the Paris Commercial Court.” Thus, it considers that “the action of the Caisse Nationale d’Assurance Maladie (CNAM) is not prescribed and no expert has been appointed to decide the amount of damages”. The Cnam confirms the judgment of the Paris Court of Appeal, which Capital was able to consult, stating that it “recognized on the merits – that Sanofi had committed abusive practices constituting fault, damaging effect for Cnam ”. The Paris Court of Appeal is well “ordered an expertise to quantify the damage of the Cnam, it is said, on the basis of our assumptions.” The exact amount that Sanofi has to reimburse à l’Assurance maladie is therefore not more engraved in marble, but could be close to 116 million euros to recover.
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