REPRESENTATIVES OF THE LUXEMBOURG GOVERNMENT , THE FOLLOWING RULES APPLY IN THE GRAND DUCHY OF LUXEMBOURG :
( I ) WHOLESALERS ESTABLISHED ON THE TERRITORY OF THE GRAND DUCHY , WHETHER OR NOT THEY ARE OF LUXEMBOURG NATIONALITY , ARE REQUIRED TO OBTAIN AN AUTHORIZATION IN ORDER TO CARRY ON THEIR ACTIVITIES AND MUST , IN PARTICULAR , HAVE AT THEIR DISPOSAL IN LUXEMBOURG PREMISES AND TECHNICAL EQUIPMENT AUTHORIZED BY THE LOCAL HEALTH AUTHORITIES AND SUBJECT TO CONTROL BY THEM . NO OTHER WHOLESALERS ARE AUTHORIZED TO SUPPLY PHARMACIES IN THE GRAND DUCHY ;
( II)SUPPLIERS IN OTHER MEMBER STATES , WHO ARE REGARDED AS EXPORTERS , ARE EXEMPT FROM THE OBLIGATION TO OBTAIN A SPECIAL AUTHORIZATION PERMITTING THEM TO SUPPLY MEDICINAL PRODUCTS IN LUXEMBOURG AND TO HAVE AT THEIR DISPOSAL IN THE GRAND DUCHY SUITABLE PREMISES AND TECHNICAL EQUIPMENT , ON CONDITION THAT THEY SUPPLY ONLY AUTHORIZED WHOLESALERS ;
( III)HOWEVER , IF SUCH SUPPLIERS WISH TO SUPPLY LUXEMBOURG PHARMACIES DIRECTLY , WITHOUT DEALING WITH A LOCAL WHOLESALER , THEY MUST MEET ALL THE ABOVE-MENTIONED REQUIREMENTS APPLICABLE TO WHOLESALERS AND , IN PARTICULAR , MUST HAVE AT THEIR DISPOSAL IN LUXEMBOURG PREMISES SUITABLE FOR THE STORAGE OF MEDICINAL PRODUCTS . FOR THAT PURPOSE , THEY ARE REQUIRED TO OBTAIN THE ' AUTHORIZATION TO IMPORT ' PROVIDED FOR BY ARTICLE 6 OF THE LAW OF 4 AUGUST 1975 , AS AMENDED , WHICH , ACCORDING TO THE INFORMATION SUPPLIED BY THE LUXEMBOURG GOVERNMENT , IS NOT IN THE NATURE OF AN IMPORT LICENCE FOR EACH CONSIGNMENT OF MEDICINAL PRODUCTS BUT IS IN FACT A GENERAL AUTHORIZATION TO CARRY ON THE BUSINESS OF A WHOLESALER - IMPORTER .
9 THAT IS PRECISELY THE POSITION IN WHICH THE PLAINTIFFS IN THE MAIN PROCEEDINGS FIND THEMSELVES , SINCE THEY HAVE AT THEIR DISPOSAL STORAGE FACILITIES IN BELGIUM AND WISH TO EXPORT AND SELL MEDICINAL PRODUCTS DIRECTLY TO PHARMACIES IN LUXEMBOURG WITHOUT STORING THE PRODUCTS .
10 TWO PRELIMINARY REMARKS MUST BE MADE : FIRST , ARTICLES 17 ( B ) AND 19 ( D ) OF DIRECTIVE 75/319 OF 20 MAY 1975 , TO WHICH THE NATIONAL COURT REFERS , DO NOT APPLY SINCE THEY REFER SOLELY TO MEDICINAL PRODUCTS IMPORTED FROM NON-MEMBER COUNTRIES ; SECONDLY , THE DISCUSSION WHICH TOOK PLACE BEFORE THE COURT ON THE COMPATIBILITY WITH COMMUNITY LAW OF A SYSTEM OF IMPORT LICENCES FOR MEDICINAL PRODUCTS IS OF NO INTEREST IN THE LIGHT OF THE EXPLANATIONS PROVIDED AT THE HEARING AS TO THE SCOPE OF THE AUTHORIZATION TO IMPORT MENTIONED ABOVE .
11 CONSEQUENTLY , THE QUESTION RAISED BY THE NATIONAL COURT ASKS ESSENTIALLY WHETHER ARTICLES 30 ET SEQ . OF THE TREATY PERMIT A MEMBER STATE TO IMPOSE ON AN IMPORTER OF MEDICINAL PRODUCTS WHO RESIDES IN ANOTHER MEMBER STATE AND WISHES TO SUPPLY DIRECTLY PHARMACIES IN THE FIRST MEMBER STATE AN OBLIGATION TO HAVE AT HIS DISPOSAL ON ITS TERRITORY PREMISES AND EQUIPMENT WHICH COMPLY WITH ITS LAW , WHEN HE ALREADY HAS AT HIS DISPOSAL ,