# C_2021513EN.01002301.xml

| 20.12.2021 | EN | Official Journal of the European Union | C 513/23 |
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20.12.2021

EN

Official Journal of the European Union

C 513/23

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Request for a preliminary ruling from the Cour d’appel de Paris (France) lodged on 30 September 2021 — Doctipharma SAS v Union des Groupements de pharmaciens d’officine (UDGPO), Pictime SAS operating under the name ‘Coreyre’

(Case C-606/21)

(2021/C 513/33)

Language of the case: French

Referring court

Cour d’appel de Paris

Parties to the main proceedings

Applicant: Doctipharma SAS

Defendants: Union des Groupements de pharmaciens d’officine (UDGPO), Pictime SAS operating under the name ‘Coreyre’

Questions referred

| — | Is Doctipharma’s activity which is conducted on and from its website www.doctipharma.fr, to be regarded as an ‘information society service’ within the meaning of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998? (1) |
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Is Doctipharma’s activity which is conducted on and from its website www.doctipharma.fr, to be regarded as an ‘information society service’ within the meaning of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998? (1)

| — | If so, does Doctipharma’s activity, which is conducted on and from its website www.doctipharma.fr, fall within the scope of Article 85c of the European Directive of 6 November 2011, (2) as amended by the Directive of 8 June 2011? |
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If so, does Doctipharma’s activity, which is conducted on and from its website www.doctipharma.fr, fall within the scope of Article 85c of the European Directive of 6 November 2011, (2) as amended by the Directive of 8 June 2011?

| — | Is Article 85c of the Directive of 6 November 2001, as amended by the Directive of 8 June 2011, to be interpreted as meaning that the prohibition, based on an interpretation of Articles L. 5125-25 and L. 5125-26 of the Public Health Code, of Doctipharma’s activity, which is conducted on and from its website www.doctipharma.fr, constitutes a restriction justified by public health protection? |
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Is Article 85c of the Directive of 6 November 2001, as amended by the Directive of 8 June 2011, to be interpreted as meaning that the prohibition, based on an interpretation of Articles L. 5125-25 and L. 5125-26 of the Public Health Code, of Doctipharma’s activity, which is conducted on and from its website www.doctipharma.fr, constitutes a restriction justified by public health protection?

| — | If not, is Article 85c of the Directive of 6 November 2011, as amended by the Directive of 8 June 2011, to be interpreted as meaning that it allows Doctipharma’s activity, which is conducted on and from its website www.doctipharma.fr? |
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If not, is Article 85c of the Directive of 6 November 2011, as amended by the Directive of 8 June 2011, to be interpreted as meaning that it allows Doctipharma’s activity, which is conducted on and from its website www.doctipharma.fr?

| — | In that situation, is the prohibition of Doctipharma’s activity, based on the interpretation by the Cour de cassation (Court of Cassation) of Articles L. 5125-25 and L. 5125-26 of the Public Health Code, justified by public health protection within the meaning of Article 85c of the Directive of 6 November 2001, as amended by the Directive of 8 June 2011? |
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In that situation, is the prohibition of Doctipharma’s activity, based on the interpretation by the Cour de cassation (Court of Cassation) of Articles L. 5125-25 and L. 5125-26 of the Public Health Code, justified by public health protection within the meaning of Article 85c of the Directive of 6 November 2001, as amended by the Directive of 8 June 2011?

| — | If not, is Article 85c of the Directive of 6 November 2001, as amended by the Directive of 8 June 2011, to be interpreted as allowing the activity of an ‘information society service’ offered by Doctipharma? |
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If not, is Article 85c of the Directive of 6 November 2001, as amended by the Directive of 8 June 2011, to be interpreted as allowing the activity of an ‘information society service’ offered by Doctipharma?

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(1)  Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (OJ 1998 L 204, p. 37).

(2)  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 (OJ 2001 L 311, p. 67).

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