# C_2005281EN.01000602.xml

| 12.11.2005 | EN | Official Journal of the European Union | C 281/6 |
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12.11.2005

EN

Official Journal of the European Union

C 281/6

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Reference for a preliminary ruling from the Sozialgericht Köln by order of that court of 8 August 2005 in G. Pohl-Boskamp GmbH & Co. KG v Gemeinsamer Bundesausschuss; joined parties: (1) AOK-Bundesverband KdöR, (2) IKK-Bundesverband, (3) Bundesverband der Betriebskrankenkassen, (4) Bundesverband der landwirtschaftlichen Krankenkassen, (5) Verband der Angestellten-Krankenkassen e.V., (6) AEV — Arbeiter-Ersatzkassen-Verband e.V., (7) Bundesknappschaft, (8) Seekrankenkasse, (9) Federal Republic of Germany, represented by the Federal Ministry of Health and Social Security

(Case C-317/05)

(2005/C 281/12)

Language of the case: German

Reference has been made to the Court of Justice of the European Communities by order of the Sozialgericht Köln (Social Court, Cologne) (Germany) of 8 August 2005, received at the Court Registry on 17 August 2005, for a preliminary ruling in the proceedings between G. Pohl-Boskamp GmbH & Co. KG and Gemeinsamer Bundesausschuss; joined parties: (1) AOK-Bundesverband KdöR, (2) IKK-Bundesverband, (3) Bundesverband der Betriebskrankenkassen, (4) Bundesverband der landwirtschaftlichen Krankenkassen, (5) Verband der Angestellten-Krankenkassen e.V., (6) AEV — Arbeiter-Ersatzkassen-Verband e.V. (7) Bundesknappschaft, (8) Seekrankenkasse, (9) Federal Republic of Germany, represented by the Federal Ministry of Health and Social Security, on the following questions:

| 1. | Is Council Directive 89/105/EEC (1) of 21 December 1988 relating to the transparency of measures regulating the prices of medicinal products for human use and their inclusion in the scope of national health insurance systems ('the transparency directive') to be interpreted as precluding rules of a Member State which, following the exclusion of non-prescription medicinal products from the range of benefits provided by the national health system, empower an authority under that system to adopt rules derogating from that exclusion in respect of certain medicines without making provision for a procedure under Article 6(1), second sentence, and 6(2) of the transparency directive? |
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1.

Is Council Directive 89/105/EEC (1) of 21 December 1988 relating to the transparency of measures regulating the prices of medicinal products for human use and their inclusion in the scope of national health insurance systems ('the transparency directive') to be interpreted as precluding rules of a Member State which, following the exclusion of non-prescription medicinal products from the range of benefits provided by the national health system, empower an authority under that system to adopt rules derogating from that exclusion in respect of certain medicines without making provision for a procedure under Article 6(1), second sentence, and 6(2) of the transparency directive?

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| 2. | Is Directive 89/105/EEC of 21 December 1988 to be interpreted as granting the manufacturers of the medicinal products referred to in point 1 above a subjective right vis-à-vis the public authorities, in particular a right to a decision, containing a statement of reasons and information as to the available avenues of appeal, on the inclusion of one of their medicinal products on a list of the type mentioned above, even though the rules of the Member State make no provision for any corresponding decision-making or appeal procedures? |
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2.

Is Directive 89/105/EEC of 21 December 1988 to be interpreted as granting the manufacturers of the medicinal products referred to in point 1 above a subjective right vis-à-vis the public authorities, in particular a right to a decision, containing a statement of reasons and information as to the available avenues of appeal, on the inclusion of one of their medicinal products on a list of the type mentioned above, even though the rules of the Member State make no provision for any corresponding decision-making or appeal procedures?

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(1)  OJ 1989 L 40, p. 8.

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