The Administrative Court upheld the claim to annul the administrative act rejecting the import of pharmaceuticals
- 2025-05-14
A business operator filed a claim with the Administrative Court of the Republic of Armenia, seeking to annul an administrative order by a public authority that denied the company’s request to import 25 types of pharmaceuticals into Armenia.
The contested administrative act was based on the assertion that the imported medicines contained compositional discrepancies and were not registered in Armenia, citing Clauses 2 and 7 of Part 8 of Article 21 of the RA Law “On Medicines.”
In the statement of claim, the plaintiff argued that the administrative act lacked sufficient factual and legal grounds to justify the lawfulness of the refusal.
Specifically:
- The administrative authority failed to present any evidence that the imported medicines, based on their composition or quality indicators, did not comply with registered pharmaceutical products.
- The authority did not fulfill its statutory obligations prescribed by Clause 1 of Part 6 of Article 21 of the RA Law “On Medicines.”
Instead, the administrative authority merely referred to the absence of registration and the information available in the register, without submitting adequate supporting documentation.
After analyzing the case materials and the applicable legal provisions, the Administrative Court concluded that the administrative authority had failed to substantiate the lawfulness of its decision to deny the import request.
Taking the above into account, the Court ruled to annul the administrative act rejecting the import of pharmaceuticals, based on the relevant provisions of the RA Law “On Fundamentals of Administration and Administrative Proceedings.”
The judgment in this case once again reinforces the principle that administrative decisions must be grounded in clear, complete, and lawful evidence, and in the absence of such, they are subject to annulment.
Notice
The judgment rendered in administrative case No. VD/3956/05/23 by the Administrative Court of the Republic of Armenia has entered into legal force.