Judgment — ECLI:EU:C:2007:656
Date: 2007-11-08
Language of the case: German
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws
Concepts: Protection of public health and protection of plants
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment Free movement of goods – Quantitative restrictions – Measures having equivalent effect – Medicinal preparations (Arts 28 EC and 30 EC; EEA Agreement, Arts 11 and 13) A national prohibition on the advertising of non-approved medicinal products, the sale of which is authorised only on an exceptional basis in the Member State concerned, but which are legally marketed in another Member State or in a non-member State which is party to the Agreement on the European Economic Area (‘the EEA Agreement’) must be assessed in the light not of the provisions on advertising of Directive 2001/83 on the Community code relating to medicinal products for human use, as amended by Directive 2004/27, but of Articles 28 EC and 30 EC and Articles 11 and 13 of the EEA Agreement. Article 28 EC and Article 11 of the EEA Agreement preclude such a prohibition in so far as it applies to the distribution to pharmacists of lists of non-approved medicinal products, the importation of which from another Member State or a non‑Member State which is a party to the EEA Agreement is authorised only on an exceptional basis, which contain no information other than that concerning the trade name, packaging size, dose and price of those medicinal products. That prohibition cannot be regarded as justified or necessary for the purpose of protecting the health and life of humans, in accordance with Article 30 EC and Article 13 of the EEA Agreement, since, by prohibiting those lists which do not contain substantive information on the properties or effects of the medicinal products, it goes beyond what is necessary to attain the objective of ensuring that the importation of non-approved medicinal products remains exceptional, in order to preserve the practical effect of the marketing authorisation procedure. (see paras 35, 37, 41, 44, operative part)