Case C-84/02: Reference for a preliminary ruling by the Verwaltungsgericht Braunschweig by order of that Court of 26 February 2002 in the administrative law proceedings brought by Schaper & Brümmer GmbH & Co KG against Bezirksregierung Braunschweig
Date: 2002-07-27
Institutions: Court of Justice
Subjects: free movement of goods, interpretation of the law, labelling, medicinal product, pharmaceutical legislation, pharmaceutical product

27.7.2002

EN

Official Journal of the European Communities

C 180/9

Reference for a preliminary ruling by the Verwaltungsge-
richt Braunschweig by order of that Court of 26 February
2002 in the administrative law proceedings brought by
Schaper & Brümmer GmbH & Co KG against Bezirks-
regierung Braunschweig

1. Must point 35 Germany-Austria (e)(i) of Parts A and B of
Annex III to Regulation (EEC) No 1408/71 (1) be inter-
preted as requiring — in addition to entitlement to the
benefit on 1 January 1994 — also the taking up of
residence in Austria?

(Case C-84/02)

(2002/C 180/15)

Reference has been made to the Court of Justice of the
European Communities by order of the Verwaltungsgericht
Braunschweig (Brunswick Administrative Court) of 26 Febru-
ary 2002, received at the Court Registry on 12 March 2002,
for a preliminary ruling in the administrative law proceedings
brought by Schaper & Brümmer GmbH & Co KG against
Bezirksregierung Braunschweig on the following question:

the free movement of goods (Article 28 EC),

Is Council Directive 92/27/EEC (1) of 31 March 1992 on the
labelling of medicinal products for human use and on package
leaflets (OJ 1992 L 113, p. 8) in conjunction with Council
Directive 65/65/EEC (2) of 26 January 1965 on the approxi-
mation of provisions laid down by law, regulation or adminis-
trative action relating to proprietary medicinal products (OJ,
English Special Edition, 1965-1966, p. 20) and the Second
Council Directive 75/319/EEC (3) of 20 May 1975 on the
approximation of provisions laid down by law, regulation or
administrative action relating to proprietary medicinal prod-
ucts (OJ 1975 L 147, p. 13) or, in the alternative, the principle
of
to be
interpreted in such a way that Community law precludes
legislation which requires the package leaflets —
national
which in other respects comply with Community law ‘of old
medicinal products’, that is to say products on the market for
a long time but for which the post-marketing authorisation
procedure is still pending, to include the following notice:
ist nach den gesetzlichen U¨ bergangs-
‘Dieses Arzneimittel
vorschriften im Verkehr. Die behördliche Prüfung auf pharma-
zeutische Qualität, Wirksamkeit und Unbedenklichkeit
ist
noch nicht abgeschlossen.’ (‘This medicinal product is market-
ed in accordance with the statutory transitional provisions.
Official verification of the product’s pharmaceutical quality,
efficacy and safety has not yet been concluded.’)?

(1) OJ L 113 of 30.04.1992, p. 8.
(2) OJ P 022 of 09.02.1965, p. 369.
(3) OJ L 147 of 09.06.1975, p. 13.

Reference for a preliminary ruling by the Bundessozial-
gericht by order of that Court of 30 January 2002 in the
case of Maria Purschke against Landesversicherungsan-
stalt Oberbayern

(Case C-156/02)

(2002/C 180/16)

Reference has been made to the Court of Justice of the
European Communities by order of the Bundessozialgericht
(Federal Social Court) of 30 January 2002, received at the
Court Registry on 29 April 2002, for a preliminary ruling in
the case of Maria Purschke against Landesversicherungsanstalt
Oberbayern (Regional Insurance Office for Oberbayern) on the
following questions:

2.

If so, are that provision and point C Germany (1) of
Annex VI to Regulation (EEC) No 1408/71 compatible
with higher-ranking European law,
in particular the
requirement of freedom of movement under Article 39
EC in conjunction with Article 42 EC?

(1) OJ L 149, p. 2.

Appeal brought on 15 May 2002 against the judgment
delivered on 6 March 2002 by the Third Chamber,
Extended Composition, of the Court of First Instance of
the European Communities in Joined Cases T-127/99,
T-129/99 and T-148/99 (not yet published) between
Territorio Histo´ rico de A´ lava — Diputacio´ n Foral de
A´ lava and Others and Commission of the European
Communities

(Case C-183/02 P)

(2002/C 180/17)

An appeal against the judgment delivered on 6 March 2002
by the Third Chamber, Extended Composition, of the Court of
First Instance of the European Communities in Joined Cases
T-127/99, T-129/99 and T-148/99 between Territorio His-
to´ rico de A´ lava — Diputacio´ n Foral de A´ lava and Others and
Commission of
the European Communities was brought
before the Court of Justice of the European Communities on
15 May 2002 by Daewoo Electronics Manufacturing Espan˜ a
SA (DEMESA), represented by Antonio Creus Carreras and
Begon˜ a Uriarte Valiente, Abogados, of calle Vela´zquez No 63,
Madrid.

The appellant claims that the Court should:

1.

2.

3.

declare the present appeal admissible and consequently:

set aside the judgment of the Court of First Instance of
6 March 2002;

itself give final judgment in the matter on the basis of the
appellant’s pleadings at first instance and, in particular,
annul Article 1(d) and Article 2 of the decision of the
Commission of 24 February 1999;