Another decision rejecting the import of pharmaceuticals was annulled: the Administrative Court confirmed the lack of competence

• 2025-05-07

Our client, a company engaged in the wholesale distribution of pharmaceuticals, applied to the Administrative Court seeking the annulment of a decision by the administrative authority that had denied permission for the import of certain medicines.
The plaintiff argued that the expert assessment forming the basis of the challenged decision was conducted by a non-authorized entity. According to the Law of the Republic of Armenia "On Medicines," such assessments may only be performed by the Ministry of Health or its authorized bodies.
Upon reviewing the submitted materials and applicable legal framework, the Court found that the administrative authority had relied on an expert opinion issued by a commercial organization lacking the legal authority to conduct such assessments. As a result, the Court held that the decision had been adopted based on a procedurally invalid expert opinion, which constitutes a violation of administrative procedure, since the legal authority for such evaluations is exclusively vested in the competent public body.
Addressing the overall conduct of the administrative proceedings, the Court also noted that the administrative authority had failed to ensure a proper examination of the case, which led to procedural violations.
Consequently, the Court concluded that the order of refusal lacked sufficient legal and factual grounds and should therefore be declared null and void.

Notice
The judgment rendered in administrative case No. VD/3579/05/23 by the Administrative Court of the Republic of Armenia has entered into legal force.