# C_2017046EN.01000901.xml

| 13.2.2017 | EN | Official Journal of the European Union | C 46/9 |
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13.2.2017

EN

Official Journal of the European Union

C 46/9

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Judgment of the Court (Sixth Chamber) of 15 December 2016 (request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije — Slovenia) — LEK farmacevtska družba d.d. v Republika Slovenija

(Case C-700/15) (1)

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((Reference for a preliminary ruling - Combined Nomenclature - Classification of goods - Food supplements falling under heading 2106 - Active ingredient as the essential component - Possible classification in Chapter 30 of the Combined Nomenclature - Goods presented and marketed as medicinal products))

(2017/C 046/12)

Language of the case: Slovenian

Referring court

Referring court

Vrhovno sodišče Republike Slovenije

Parties to the main proceedings

Parties to the main proceedings

Applicant: LEK Farmacevtska Družba d.d.

Applicant:

Defendant: Republika Slovenija

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | Heading 3004 of the Combined Nomenclature of the Common Customs Tariff set out in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Commission Regulation (EU) No 1006/2011 of 27 September 2011, must be interpreted as meaning that goods which fall within the definition of ‘medicinal product’, within the meaning of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use, as amended by Directive 2011/62/EU of the European Parliament and of the Council of 8 June 2011, are not automatically required to be classified under that heading. |
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1.

Heading 3004 of the Combined Nomenclature of the Common Customs Tariff set out in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Commission Regulation (EU) No 1006/2011 of 27 September 2011, must be interpreted as meaning that goods which fall within the definition of ‘medicinal product’, within the meaning of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use, as amended by Directive 2011/62/EU of the European Parliament and of the Council of 8 June 2011, are not automatically required to be classified under that heading.

| 2. | The Combined Nomenclature of the Common Customs Tariff set out in Annex I to Council Regulation No 2658/87, as amended by Regulation No 1006/2011, must be interpreted as meaning that goods, such as those at issue in the main proceedings, which have beneficial effects on health and in which the essential component is an active ingredient that is found in food supplements classified under tariff heading 2106 of the CN, although they are presented by their manufacturer as medicinal products and are marketed and sold as such, fall under that heading. |
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2.

The Combined Nomenclature of the Common Customs Tariff set out in Annex I to Council Regulation No 2658/87, as amended by Regulation No 1006/2011, must be interpreted as meaning that goods, such as those at issue in the main proceedings, which have beneficial effects on health and in which the essential component is an active ingredient that is found in food supplements classified under tariff heading 2106 of the CN, although they are presented by their manufacturer as medicinal products and are marketed and sold as such, fall under that heading.

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(1)  OJ C 111, 29.3.2016.

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