MEDICINAL PREPARATIONS AND DRESSINGS UNDER A SICKNESS INSURANCE SCHEME WERE COMPATIBLE WITH THOSE PROVISIONS .
2 THE QUESTIONS WERE RAISED IN AN ACTION BROUGHT AGAINST THE NETHERLANDS STATE BY 23 PHARMACEUTICAL UNDERTAKINGS FOR THE ADOPTION OF AN INTERIM DECISION DECLARING THAT ARTICLES 2 AND 3 OF THE BESLUIT FARMACEUTISCHE HULP ZIEKENFONDSVERZEKERING ( SICKNESS INSURANCE FUND ( PROVISION OF MEDICINAL PREPARATIONS ) ORDER ) 1982 ( STAATSCOURANT NO 139 OF 23 JULY 1982 ) AND THE ANNEXES THERETO WERE INOPERATIVE SINCE THEY WERE INCOMPATIBLE WITH COMMUNITY LAW AND IN PARTICULAR WITH ARTICLES 3 , 5 , 30 , 34 , 36 , 85 AND 86 OF THE TREATY AND DIRECTIVES 65/65 AND 75/319 , CITED ABOVE .
3 THE ORDER IS INTENDED TO ENHANCE THE QUALITY OF PHARMACO-THERAPEUTICAL SERVICES AND TO ELIMINATE THE CONSIDERABLE DEFICIT OF THE NETHERLANDS HEALTH-CARE SCHEME . TO THAT END , ARTICLE 2 PROVIDES THAT PERSONS INSURED UNDER THE COMPULSORY HEALTH-CARE SCHEME ARE NO LONGER TO BE ENTITLED TO BE SUPPLIED WITH THE MEDICINAL PREPARATIONS AND HEALTH PRODUCTS EXHAUSTIVELY LISTED IN ANNEX 1 AND 2 TO THE ORDER , AND ARTICLE 3 PROVIDES THAT THEY ARE NOT TO BE ENTITLED TO BE SUPPLIED WITH THE MEDICINAL PREPARATIONS LISTED IN ANNEX 4 TO THE ORDER EXCEPT WITH THE PRIOR AUTHORIZATION OF THE SICKNESS FUND , WHICH IS TO BE GRANTED ONLY IF IT MAY REASONABLY BE ASSUMED THAT IF THE PREPARATIONS IN QUESTION ARE NOT SUPPLIED THIS WILL HAVE AN UNACCEPTABLY HARMFUL EFFECT ON THE OUTCOME OF THE TREATMENT .
4 ACCORDING TO THE EXPLANATORY MEMORANDUM TO THE ORDER IN QUESTION , THE EXCLUSION OF PRODUCTS AS A RESULT OF THEIR BEING LISTED IN THE ANNEXES THERETO IS JUSTIFIED BY CONSIDERATIONS RELATING SPECIFICALLY TO EACH ANNEX . THE EXCLUSION OF THE MEDICAL PREPARATIONS LISTED IN ANNEX 1 IS BASED ON THEIR PRICE AND THE FACT THAT , IN THE VIEW OF THE CENTRAL MEDICO-PHARMACEUTICAL COMMITTEE , THERE ARE IN EACH CASE OTHER MEDICINAL PREPARATIONS WHICH HAVE THE SAME THERAPEUTIC EFFECT BUT WHOSE PRICE IS LOWER . THE PRODUCTS LISTED IN ANNEX 2 ARE EXCLUDED BECAUSE THEY ARE OVER-THE-COUNTER PRODUCTS WHICH CAN BE MARKETED OTHERWISE THAN THROUGH A PHARMACIST . THE EXCLUSION OF THE MEDICINAL PREPARATIONS LISTED IN ANNEX 4 IS JUSTIFIED BY THE FACT THAT , IN THE VIEW OF THE ABOVEMENTIONED CENTRAL MEDICO-PHARMACEUTICAL COMMITTEE THEY MUST , FOR REASONS DESCRIBED AS BEING ' ' OF A PHARMACO-THERAPEUTICAL NATURE ' ' , BE PRESCRIBED ONLY IN VERY SPECIFIC CASES .
5 CONSIDERING THAT THE DECISION IN THE CASE TURNED ON THE INTERPRETATION OF VARIOUS RULES OF COMMUNITY LAW , THE PRESIDENT OF THE ARRONDISSEMENTSRECHTBANK REFERRED THE FOLLOWING QUESTIONS TO THE COURT FOR A PRELIMINARY RULING :
' ' ( A ) MUST COMMUNITY LAW , LAID DOWN IN ARTICLES 30 , 34 AND 36 OF THE EEC TREATY , BE CONSTRUED AS MEANING THAT THOSE ARTICLES PREVENT A MEMBER STATE FROM INTRODUCING , WITH A VIEW TO MAKING SAVINGS IN THE FIELD OF THE SUPPLY OF MEDICINAL PREPARATIONS