Secretary of State for Health & Ors v Servier Laboratories Ltd & Ors

Secretary of State for Health & Ors v Servier Laboratories Ltd & Ors

The revised confidentiality order, dividing recipients into two tiers and limiting disclosure to those with a genuine need to know, provides sufficient safeguards to protect confidential information, including that of third parties, and meets the Commission's concerns. Ministers and civil servants must be included due to constitutional requirements and practical necessity.

Parties
Claimant: Secretary of State for Health and others; Claimant: Scottish Ministers and others; Claimant: Welsh Ministers and others; Defendant: Servier Laboratories Limited; Defendant: Servier Research and Development Limited; Defendant: Les Laboratoires Servier SAS; Defendant: Servier SAS
Jurisdiction
England and Wales
Judgment Date
12 March 2015
Procedural Posture
Civil / Judgment on Terms of Confidentiality Order
Outcome
Disclosure of the confidential Commission Decision ordered subject to the revised confidentiality order.
Legal Topics
Confidentiality Orders, Disclosure, EU Commission Decisions, Article 101 and 102 TFEU, Charter of Fundamental Rights, Confidentiality Club
Competition Law EU Law Civil Procedure Confidentiality Orders Disclosure EU Commission Decisions Article 101 and 102 TFEU Charter of Fundamental Rights +1 more

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Parties

Secretary of State for Health and others

Claimant

Scottish Ministers and others

Claimant

Welsh Ministers and others

Claimant

Servier Laboratories Limited

Defendant

Servier Research and Development Limited

Defendant

Les Laboratoires Servier SAS

Defendant

Servier SAS

Defendant

Procedural Posture

Civil / Judgment on Terms of Confidentiality Order

Legal Issues

  1. 1 What terms should govern the confidentiality order for disclosure of the European Commission Decision?
  2. 2 How should third party confidential information be protected in disclosure?
  3. 3 Should ministers and civil servants be included in the confidentiality club?

Ratio Decidendi

The revised confidentiality order, dividing recipients into two tiers and limiting disclosure to those with a genuine need to know, provides sufficient safeguards to protect confidential information, including that of third parties, and meets the Commission's concerns. Ministers and civil servants must be included due to constitutional requirements and practical necessity.

Court Disposition

Disclosure of the confidential Commission Decision ordered subject to the revised confidentiality order.

Orders

  • Disclosure of the Decision to claimants and court under revised confidentiality order.
  • Division of permitted recipients into two tiers with disclosure on a need-to-know basis.