Case C-317/05: Judgment of the Court (Fifth Chamber) of 26 October 2006 (reference for a preliminary ruling from the Sozialgericht Köln — Germany) — G. Pohl-Boskamp GmbH & Co. KG v Gemeinsamer Bundesausschuss (Directive 89/105/EEC — Article 6(1) and (2) — Positive list — Obligation to state reasons and provide information concerning remedies)
Date: 2006-12-30
Institutions: Court of Justice
Subjects: appeal, fixing of prices, health costs, interpretation of the law, medicinal product, pharmaceutical industry, social security

30.12.2006

EN

Official Journal of the European Union

C 326/17

Re:

Failure of a Member State to fulfil obligations — Infringement
of Article 4(1) of Directive 2000/35/EEC of the European Parlia-
ment and of the Council of 29 June 2000 on combating late
payment in commercial transactions (OJ 2000 L 200, p. 35) —
Retention of title — National legislation providing that, in order
to be enforceable against creditors of the purchaser, a retention
of title clause must be confirmed on individual
invoices for
successive supplies bearing a date that is prior to any attach-
ment procedure

of measures regulating the prices of medicinal products for
human use and their inclusion in the scope of national health
insurance systems (OJ 1989 L 40, p. 8) — Concept of ‘positive
list’ — National rules providing for the establishment of a list of
medicinal products, normally available without a prescription
and non-refundable, which may exceptionally be covered by the
national health insurance system in cases where they represent
standard treatment for certain serious ailments — Obligation to
take a decision concerning inclusion on the list within a speci-
fied period, to set out reasons for refusal and to inform the
applicant of the means of redress available to him

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Commission of the European Communities to pay the

costs.

(1) OJ C 229, 17.09.2005.

Judgment of the Court (Fifth Chamber) of 26 October
2006 (reference for a preliminary ruling from the Sozial-
gericht Köln — Germany) — G. Pohl-Boskamp GmbH &
Co. KG v Gemeinsamer Bundesausschuss

Operative part of the judgment

1. Council Directive 89/105/EEC of 21 December 1988 relating to
the transparency of measures regulating the prices of medicinal
products for human use and their inclusion in the scope of national
health insurance systems is to be interpreted as precluding rules of a
Member State which, following the exclusion of non-prescription
medicinal products from the range of benefits provided by the
national health system, empower an authority under that system to
adopt rules derogating from that exclusion in respect of certain
medicines without making provision for a procedure under Article 6
(1) and (2) of that directive.

2. Article 6(2) of Directive 89/105 is to be interpreted as meaning
that it confers on the manufacturers of medicinal products affected
by a decision which allows the coverage by the health insurance
system of certain medicinal products containing active ingredients
referred to therein the right
to a reasoned decision mentioning
remedies, even though the rules of the Member State make no
provision for any corresponding procedure or remedies.

(Case C-317/05) (1)

(1) OJ C 281, 12.11.2005.

(Directive 89/105/EEC — Article 6(1) and (2) — Positive list
— Obligation to state reasons and provide information
concerning remedies)

(2006/C 326/33)

Language of the case: German

Referring court

Sozialgericht Köln

Parties to the main proceedings

Applicant: G. Pohl-Boskamp GmbH & Co. KG

Defendant: Gemeinsamer Bundesausschuss

Judgment of the Court (Second Chamber) of 9 November
2006 — Commission of the European Communities v Joël
De Bry

(Case C-344/05 P) (1)

(Appeal — Official — Reporting procedure — Career devel-
opment report — 2001/2002 reporting period — Rights of
the defence — Article 26, second paragraph, of the Staff
Regulations)

Intervening parties: AOK-Bundesverband KdöR,
IKK-Bundesver-
band, Bundesverband der Betriebskrankenkassen (BKK), Bundes-
verband der landwirtschaftlichen Krankenkassen, Verband der
Angestellten-Krankenkassen
AEV-Arbeiter-Ersatzkassen-
eV,
Verband eV, Bundesknappschaft, Seekrankenkasse, Bundesrepu-
blik Deutschland

Parties

(2006/C 326/34)

Language of the case: French

Re:

Reference for a preliminary ruling — Sozialgericht Köln —
Interpretation of Article 6(1) and (2) of Council Directive
89/105/EEC of 21 December 1988 relating to the transparency

Appellant: Commission of the European Communities (repre-
sented by: L. Lozano Palacios and M.H. Kraemer, Agents)

Other party to the proceedings: Joël De Bry (represented by: S.
Orlandi, avocat)