# C_2015171EN.01001902.xml

| 26.5.2015 | EN | Official Journal of the European Union | C 171/19 |
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26.5.2015

EN

Official Journal of the European Union

C 171/19

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Request for a preliminary ruling from the Cour d’appel de Pau (France) lodged on 6 March 2015 — Association des Utilisateurs et Distributeurs de l’Agro Chimie Européenne (Audace), Phyteron 2000 SAS, Association des éleveurs solidaires, Cruzalebes EARL, Des deux rivières EARL, Mounacq EARL v GAEC Reconnu La Vinardière, Ministère public

(Case C-114/15)

(2015/C 171/23)

Language of the case: French

Referring court

Referring court

Cour d’appel de Pau

Parties to the main proceedings

Parties to the main proceedings

Appellants: Association des Utilisateurs et Distributeurs de l’Agro Chimie Européenne (Audace), Phyteron 2000 SAS, Association des éleveurs solidaires, Cruzalebes EARL, Des deux rivières EARL, Mounacq EARL

Appellants:

Respondents: GAEC Reconnu La Vinardière, Ministère public

Respondents:

Questions referred

Questions referred

| 1. | Does national legislation comply with Articles 34 to 36 TFEU in so far as it reserves access to parallel imports of veterinary medicinal products exclusively to wholesale distributors in possession of the authorisation provided for under Article 65 of Directive 2001/82/EC (1), thus excluding those with retail distribution rights and livestock farmers? |
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1.

Does national legislation comply with Articles 34 to 36 TFEU in so far as it reserves access to parallel imports of veterinary medicinal products exclusively to wholesale distributors in possession of the authorisation provided for under Article 65 of Directive 2001/82/EC (1), thus excluding those with retail distribution rights and livestock farmers?

1

| 2. | On a proper construction of Article 65 of Directive 2001/82/EC and Article 16 of Directive 2006/123/EC (2) (the ‘services’ Directive), is a Member State entitled not to recognise authorisations for the wholesale distribution of veterinary medicinal products that are issued by the competent authorities of other Member States to their own nationals and to require that those nationals additionally hold wholesale distribution authorisations issued by its own competent authorities in order to be entitled to apply for and to use authorisations for the parallel importation of veterinary medicinal products within that Member State? |
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2.

On a proper construction of Article 65 of Directive 2001/82/EC and Article 16 of Directive 2006/123/EC (2) (the ‘services’ Directive), is a Member State entitled not to recognise authorisations for the wholesale distribution of veterinary medicinal products that are issued by the competent authorities of other Member States to their own nationals and to require that those nationals additionally hold wholesale distribution authorisations issued by its own competent authorities in order to be entitled to apply for and to use authorisations for the parallel importation of veterinary medicinal products within that Member State?

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| 3. | Does national legislation comply with Articles 34, 36 and 56 TFEU and Article 16 of Directive 2006/123 in so far as it assimilates parallel importers of veterinary medicinal products to holders of an operating licence which is not required under Directive 2001/82/EC, as amended, establishing a Community Code for veterinary medicinal products, and which consequently requires such importers to have available to them an establishment in the territory of the Member State concerned and to have successfully completed all the pharmacovigilance operations provided for under Articles 72 to 79 of Directive 2001/82/EC? |
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3.

Does national legislation comply with Articles 34, 36 and 56 TFEU and Article 16 of Directive 2006/123 in so far as it assimilates parallel importers of veterinary medicinal products to holders of an operating licence which is not required under Directive 2001/82/EC, as amended, establishing a Community Code for veterinary medicinal products, and which consequently requires such importers to have available to them an establishment in the territory of the Member State concerned and to have successfully completed all the pharmacovigilance operations provided for under Articles 72 to 79 of Directive 2001/82/EC?

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(1)  Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products (OJ 2001 L 311, p. 1).

1

(2)  Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ 2006 L 376, p. 36).

2

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