Opinion of the Advocate General — ECLI:EU:C:2004:652
Date: 2004-10-21
Language of the case: French
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of goods;Measures having equivalent effect;Quantitative restrictions
Procedure: Action for failure to fulfil obligations - successful
Origin: France

Summary of the Judgment 1. Free movement of goods — Quantitative restrictions — Measures having equivalent effect — Medicinal products — Prior authorisation procedure on the importation of personal imports, not effected by personal transport, of medicinal products lawfully prescribed in the Member State into which they are imported and authorised both in that Member State and in the Member State of origin — Not permissible (Art. 28 EC; Council Directive 65/65) 2. Free movement of goods — Quantitative restrictions — Measures having equivalent effect — Medicinal products — Prior authorisation procedure on personal imports, not effected by personal transport, of homeopathic medicinal products lawfully prescribed in the Member State into which they are imported and registered in another Member State — Not permissible (Art. 28 EC; Council Directive 92/73) 3. Free movement of goods — Quantitative restrictions — Measures having equivalent effect — Medicinal products — Prior authorisation procedure on personal imports, not effected by personal transport, of medicinal products lawfully prescribed in the Member State into which they are imported and not authorised in that Member State but only in the Member State of origin, identical to the procedure applicable to medicinal products imported for commercial purposes — Not permissible (Art. 28 EC) 1. A Member State fails to fulfil its obligations under Article 28 EC by applying a prior authorisation procedure to personal imports, not effected by personal transport, of medicinal products lawfully prescribed in that Member State and authorised both in the latter and in the Member State where they are purchased, under Directive 65/65 on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products. (see para. 49, operative part) 2. A Member State fails to fulfil its obligations under Article 28 EC by applying a prior authorisation procedure to personal imports, not effected by personal transport, of homeopathic medicinal products lawfully prescribed in that Member State and registered in another Member State pursuant to Directive 92/73 widening the scope of Directives 65/65 and 75/319 on the approximation of provisions laid down by law, regulation or administrative action relating to medicinal products and laying down additional provisions on homeopathic medicinal products. (see para. 49, operative part) 3. A Member State fails to fulfil its obligations under Article 28 EC by applying a disproportionate prior authorisation procedure to personal imports, not effected by personal transport, of medicinal products lawfully prescribed in that Member State and not authorised in the latter but only in the Member State where they are purchased, namely the same authorisation procedure to those imports as it does to medicinal products imported for commercial purposes. (see paras 42, 49, operative part)