After the judgment n. 140/2024 of the Constitutional Court, which declared unfounded the findings of unconstitutionality of the regulatory system of the payback medical devices 2015-2018, The Regional administrative court of Lazio has affirmed the legitimacy of the ministerial decrees that set the expenditure ceilings and established the breakthrough after deciding on the first appeals.

According to the Administrative Court, the posthumous fixing of regional expenditure ceilings did not affect the position of interest of the supplying companies, which could still rely on the maximum national expenditure ceiling, already set at 4.4%, and were therefore fully aware of the risk of overrun and of the aliases inherent in the supply contracts concluded with the NHS authorities.

The Regional administrative court also held that the dispute over the correct quantification, by the Regions, of the turnover that constitutes the basis for calculating the payback must be proposed before the Ordinary Court because it concerns purely cognitive operations and activities of an authoritarian nature.