# C_2016475EN.01000501.xml

| 19.12.2016 | EN | Official Journal of the European Union | C 475/5 |
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19.12.2016

EN

Official Journal of the European Union

C 475/5

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Judgment of the Court (First Chamber) of 19 October 2016 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Deutsche Parkinson Vereinigung eV v Zentrale zur Bekämpfung unlauteren Wettbewerbs eV

(Case C-148/15) (1)

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((Reference for a preliminary ruling - Articles 34 TFEU and 36 TFEU - Free movement of goods - National legislation - Prescription-only medicinal products for human use - Sale by pharmacies - Setting of fixed prices - Quantitative restriction on imports - Measure having equivalent effect - Justification - Protection of the health and life of humans))

(2016/C 475/06)

Language of the case: German

Referring court

Referring court

Oberlandesgericht Düsseldorf

Parties to the main proceedings

Parties to the main proceedings

Applicant: Deutsche Parkinson Vereinigung eV

Applicant:

Defendant: Zentrale zur Bekämpfung unlauteren Wettbewerbs eV

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | Article 34 TFEU must be interpreted as meaning that national legislation, such as that at issue in the main proceedings, which provides for a system of fixed prices for the sale by pharmacies of prescription-only medicinal products for human use, constitutes a measure having equivalent effect to a quantitative restriction on imports, within the meaning of that article, since that legislation has a greater impact on the sale of prescription-only medicinal products by pharmacies established in other Member States than on the sale of the same medicinal products by pharmacies established within the national territory. |
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Article 34 TFEU must be interpreted as meaning that national legislation, such as that at issue in the main proceedings, which provides for a system of fixed prices for the sale by pharmacies of prescription-only medicinal products for human use, constitutes a measure having equivalent effect to a quantitative restriction on imports, within the meaning of that article, since that legislation has a greater impact on the sale of prescription-only medicinal products by pharmacies established in other Member States than on the sale of the same medicinal products by pharmacies established within the national territory.

| 2. | Article 36 TFEU must be interpreted as meaning that national legislation, such as that at issue in the main proceedings, which provides for a system of fixed prices for the sale by pharmacies of prescription-only medicinal products for human use, cannot be justified on grounds of the protection of health and life of humans, within the meaning of that article, inasmuch as that legislation is not appropriate for attaining the objectives pursued. |
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2.

Article 36 TFEU must be interpreted as meaning that national legislation, such as that at issue in the main proceedings, which provides for a system of fixed prices for the sale by pharmacies of prescription-only medicinal products for human use, cannot be justified on grounds of the protection of health and life of humans, within the meaning of that article, inasmuch as that legislation is not appropriate for attaining the objectives pursued.

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(1)  OJ C 213, 29.6.2015.

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