Judgment of the Court (Sixth Chamber) of 10 September 2002 in Case C-172/00 (Reference for a preliminary ruling from the Landgericht Köln): Ferring Arzneimittel GmbH v Eurim-Pharm Arzneimittel GmbH (Interpretation of Article 28 EC and Article 30 EC — Medicinal products — Withdrawal of parallel import licence in consequence of waiver of the marketing authorisation for the medicinal product of reference by the holder of that authorisation)
Date: 2002-11-09
Institutions: Court of Justice
Subjects: interpretation of the law, market approval, marketing, medicinal product, national law

9.11.2002

EN

Official Journal of the European Communities

C 274/9

3.

a)

The provision of general care and domestic help by an
out-patient care service to persons in a state of physical or
economic dependence amounts to the supply of services
closely linked to welfare and social security work within
the meaning of Article 13(A)(1)(g) of the Sixth Directive
(77/388/EEC).

(b) The exemption provided for in Article 13(A)(1)(g) of the
Sixth Directive (77/388/EEC) may be relied upon by a
taxable person before national courts in order to oppose
national rules incompatible with that provision. It is for
the national court to establish, in the light of all relevant
factors, whether the taxable person is an organisation
recognised as charitable within the meaning of
the
aforesaid provision.

( 1) OJ C 176 of 24.6.2000.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 12 September 2002

in Case C-152/00: Commission of the European Communi-
ties v French Republic (1)

(Failure by a Member State to fulfil

its obligations —

Directive 86/609/EEC — Incomplete transposition)

(2002/C 274/13)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-152/00, Commission of the European Communities
(Agents: L. Ström and J.-F. Pasquier) v French Republic
(Agents: K. Rispal-Bellanger and C. Vasak, and G. de Bergues):
Application for a declaration that, by failing to transpose fully
and correctly Council Directive 86/609/EEC of 24 November
1986 on the approximation of laws, regulations and adminis-
trative provisions of the Member States regarding the protec-
tion of animals used for experimental and other scientific
purposes (OJ 1986 L 358, p. 1), and in particular Articles 4, 7,
11, 12, 18 and 22 thereof, the French Republic has failed to
fulfil
its obligations under the EC Treaty, the Court (Fifth
Chamber), composed of: P. Jann, President of the Chamber,
S. von Bahr and A. La Pergola (Rapporteur), Judges; L.A. Geel-
hoed, Advocate General; H.A. Rühl, Principal Administrator,
for the Registrar, has given a judgment on 12 September 2002,
in which it:

1. Declares that, by failing to adopt all the measures necessary to
ensure the correct transposition of Articles 4, 7(3), 11, 12(2),
18(1) and (3) and 22(1) of Council Directive 86/609/EEC of
24 November 1986 on the approximation of laws, regulations
and administrative provisions of the Member States regarding
the protection of animals used for experimental and other
scientific purposes, the French Republic has failed to fulfil its
obligations under that directive;

2. Orders the French Republic to pay the costs.

(1) OJ C 176 of 24.6.2000.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 10 September 2002

in Case C-172/00 (Reference for a preliminary ruling from
the Landgericht Köln): Ferring Arzneimittel GmbH v
Eurim-Pharm Arzneimittel GmbH (1)

(Interpretation of Article 28 EC and Article 30 EC —
Medicinal products — Withdrawal of parallel import licence
in consequence of waiver of the marketing authorisation for
the medicinal product of reference by the holder of that
authorisation)

(2002/C 274/14)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-172/00: Reference to the Court under Article 234
EC by the Landgericht Köln (Germany) for a preliminary ruling
in the proceedings pending before that court between Ferring
Arzneimittel GmbH and Eurim-Pharm Arzneimittel GmbH,
on the interpretation of Article 28 EC and Article 30 EC, the
Court (Sixth Chamber), composed of: F. Macken, President of
the Chamber, C. Gulmann (Rapporteur),
J.-P. Puissochet,
V. Skouris and J.N. Cunha Rodrigues, Judges; L.A. Geelhoed,
Advocate General; L. Hewlett, Administrator, for the Registrar,
has given a judgment on 10 September 2002, in which it has
ruled:

1. Article 28 EC precludes national legislation under which the
withdrawal of the marketing authorisation of reference for a
medicinal product on application by the holder thereof means
that the parallel import licence for that product automatically
ceases to be valid.

2.

The fact that the new version of the medicinal product has been
placed on the market of the Member State of importation alone
or is also found on the market in other Member States does not
alter the answer to the first question.

C 274/10

EN

Official Journal of the European Communities

9.11.2002

3.

If it is demonstrated that there is in fact a risk to public health
arising from the coexistence of two versions of the same
medicinal product on the market in a Member State such a risk
may justify restrictions on the importation of the old version of
the medicinal product in consequence of the withdrawal of the
marketing authorisation of reference by the holder thereof in
relation to that market.

Regulation (EEC) No 1035/72 of the Council of 18 May 1972
and Council Regulation (EC) No 2200/96 of 28 October 1996 on
the common organisation of the market in fruit and vegetables are to
be interpreted as meaning that compliance with the provisions on
quality standards applicable to fruit or vegetables must be capable of
enforcement by means of civil proceedings instituted by a trader
against a competitor.

( 1) OJ C 211 of 22.7.2000.

(1) OJ C 247 of 26.8.2000.

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

of 17 September 2002

in Case C-253/00 (Reference for a preliminary ruling from
the Court of Appeal (England & Wales) (Civil Division):
Antonio Muñoz y Cia SA, Superior Fruiticola SA v Frumar
Ltd, Redbridge Produce Marketing Ltd (1)

(Agriculture — Regulation (EC) No 2200/96 — Quality
standards for varieties of table grapes — Legal obligations
of operators marketing table grapes within the Community
— Right of an operator to seek enforcement of those
obligations in civil proceedings)

(2002/C 274/15)

(Language of the case: English)

In Case C-253/00: Reference to the Court under Article 234
EC by the Court of Appeal of England and Wales (Civil
Division) for a preliminary ruling in the proceedings pending
before that court between Antonio Muñoz y Cia SA, Superior
Fruiticola SA and Frumar Ltd, Redbridge Produce Marketing
Ltd, on the interpretation of Regulation (EEC) No 1035/72 of
the Council of 18 May 1972 and Council Regulation (EC)
No 2200/96 of 28 October 1996 on the common organisation
of the market in fruit and vegetables (OJ, English Special
Edition 1972 (II), p. 437, and OJ 1996 L 297, p. 1 respectively),
the Court, composed of: G.C. Rodríguez Iglesias, President,
P. Jann (Rapporteur), N. Colneric and S. von Bahr, (Presidents
of Chambers), C. Gulmann, D.A.O. Edward, A. La Pergola,
J.-P. Puissochet, R. Schintgen,
J.N. Cunha Rodrigues and
C.W.A. Timmermans, Judges; L.A. Geelhoed, Advocate Gen-
eral; R. Grass, Registrar, has given a judgment on 17 September
2002, in which it has ruled:

(Sixth Chamber)

of 24 September 2002

in Case C-255/00 (Reference for a preliminary ruling from
the Tribunale di Trento): Grundig Italiana SpA v Ministero
delle Finanze (1)

(Internal taxes contrary to Community law — Recovery of
sums paid but not due — National legislation retroactively
reducing time-limits for bringing proceedings — Compati-
bility with the principle of effectiveness)

(2002/C 274/16)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-255/00: Reference to the Court under Article 234
EC by the Tribunale di Trento (Italy) for a preliminary ruling
in the proceedings pending before that court between Grundig
Italiana SpA and Ministero delle Finanze, on the interpretation
of the principles of Community law relating to the recovery of
sums paid but not due, the Court (Sixth Chamber), composed
of: F. Macken, President of
the Chamber, C. Gulmann,
J.-P. Puissochet (Rapporteur), R. Schintgen and J.N. Cunha
Rodrigues, Judges; D. Ruíz-Jarabo Colomer, Advocate General;
R. Grass, Registrar, has given a judgment on 24 September
2002, in which it has ruled: