# C_2011186EN.01000201.xml

| 25.6.2011 | EN | Official Journal of the European Union | C 186/2 |
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25.6.2011

EN

Official Journal of the European Union

C 186/2

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Judgment of the Court (Third Chamber) of 5 May 2011 (reference for a preliminary ruling from the Tartu ringkonnakohus — Estonia) — Novo Nordisk AS v Ravimiamet

(Case C-249/09) (1)

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(Medicinal products for human use - Directive 2001/83/EC - Advertising - Medical journal - Information not included in the summary of product characteristics)

2011/C 186/02

Language of the case: Estonian

Referring court

Referring court

Tartu ringkonnakohus

Parties to the main proceedings

Parties to the main proceedings

Applicant: Novo Nordisk AS

Applicant:

Defendant: Ravimiamet

Defendant:

Re:

Re:

Reference for a preliminary ruling — Tartu Ringkonnakohus — Interpretation of Article 87(2) 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 (OJ 2001 L 311, p. 67) — Advertisements for medicinal products published in a medical journal and directed to persons qualified to prescribe medicines — Whether information not limited to that contained in the summary of product characteristics may be included in such advertisements

Operative part of the judgment

Operative part of the judgment

| 1. | Article 87(2) 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 2004/27/EC of the European Parliament and of the Council of 31 March 2004, must be interpreted as extending also to quotations taken from medical journals or other scientific works which are included in advertisements for medicinal products directed at persons qualified to prescribe or supply medicines; |
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1.

Article 87(2) 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 2004/27/EC of the European Parliament and of the Council of 31 March 2004, must be interpreted as extending also to quotations taken from medical journals or other scientific works which are included in advertisements for medicinal products directed at persons qualified to prescribe or supply medicines;

| 2. | Article 87(2) of Directive 2001/83, as amended by Directive 2004/27, must be interpreted as prohibiting the publication in advertising medicinal products directed at persons qualified to prescribe or supply them, of claims which conflict with the summary of product characteristics, but it does not require that all the claims in such advertisements are included in that summary or can be derived from it. Such advertisements may include claims supplementing the information referred to in Article 11 of that directive, provided that those claims:






  — | confirm or clarify — and are compatible with — that information, and do not distort it, and |
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2.

Article 87(2) of Directive 2001/83, as amended by Directive 2004/27, must be interpreted as prohibiting the publication in advertising medicinal products directed at persons qualified to prescribe or supply them, of claims which conflict with the summary of product characteristics, but it does not require that all the claims in such advertisements are included in that summary or can be derived from it. Such advertisements may include claims supplementing the information referred to in Article 11 of that directive, provided that those claims:

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confirm or clarify — and are compatible with — that information, and do not distort it, and

| — | are consistent with the requirements of Articles 87(3) and 92(2) and (3) of that directive. |
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are consistent with the requirements of Articles 87(3) and 92(2) and (3) of that directive.

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(1)  OJ C 220, 12.9.2009.

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