EN
C 24/12
Official Journal of the European Union
17.1.2022
Request for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 29 July 2021 — Consejo General de Colegios Oficiales de Farmacéuticos de España v Administración General del Estado (Case C-469/21) (2022/C 24/16) Language of the case: Spanish Referring court Tribunal Supremo
Parties to the main proceedings Applicant: Consejo General de Colegios Oficiales de Farmacéuticos de España Defendant: Administración General del Estado
Questions referred 1.
Is a national provision that creates a node (as a tool for use with the repository), which is owned and managed by the State Administration, compatible with Delegated Regulation (EU) 2016/[1]61, (1) in particular Articles 25, 31, 32, 35, 36 and 44 thereof? 2.
If the answer to the previous question is in the affirmative, is a national provision that requires pharmacies to use that node when they supply medicinal products financed by the National Health System compatible with Delegated Regulation (EU) 2016/[1]61, in particular Articles 25, 31, 32, 35, 36 and 44 thereof? 3.
If the answer to the previous question is in the affirmative, is a national provision that provides that, where no agreement is reached between the State Administration and the entity managing the national repository in relation to integrating the node concerned into the repository, integration may be required, unilaterally and authoritatively, by ministerial order compatible with Delegated Regulation (EU) 2016/[1]61, in particular Articles 25, 31, 32, 35, 36 and 44 thereof?
(1)
Commission Delegated Regulation (EU) 2016/161 of 2 October 2015 supplementing Directive 2001/83/EC of the European Parliament and of the Council by laying down detailed rules for the safety features appearing on the packaging of medicinal products for human use (OJ 2016 L 32, p. 1).
Appeal brought on 12 August 2021 by Birkenstock IP GmbH and Birkenstock Sales GmbH against the order of the General Court (Sixth Chamber) made on 2 June 2021 in Case T-365/20, Birkenstock Sales GmbH v European Union Intellectual Property Office (Case C-498/21 P) (2022/C 24/17) Language of the case: German Parties Appellants: Birkenstock IP GmbH, Birkenstock Sales GmbH (represented by: N. Weber and D. Leisner, Rechtsanwälte) Other party to the proceedings: European Union Intellectual Property Office By order of 22 November 2021, the Court of Justice of the European Union (Chamber determining whether appeals may proceed) did not allow the appeal to proceed and ordered the appellants to bear their own costs.