CELEX: C2007/315/20
Language: en
Date: 2007-12-22 00:00:00
Title: Case C-143/06: Judgment of the Court (Second Chamber) of 8 November 2007 (reference for a preliminary ruling from the Landgericht Hamburg (Germany)) — Ludwigs-Apotheke München Internationale Apotheke v Juers Pharma Import-Export GmbH (Free movement of goods — Articles 28 EC and 30 EC — Articles 11 and 13 of the EEA Agreement — Imported medicinal products not authorised in the importing State — Prohibition of advertising — Directive 2001/83/EC)

22.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 315/12
            
         Judgment of the Court (Second Chamber) of 8 November 2007 (reference for a preliminary ruling from the Landgericht Hamburg (Germany)) — Ludwigs-Apotheke München Internationale Apotheke v Juers Pharma Import-Export GmbH
   (Case C-143/06) (1)
   
   (Free movement of goods - Articles 28 EC and 30 EC - Articles 11 and 13 of the EEA Agreement - Imported medicinal products not authorised in the importing State - Prohibition of advertising - Directive 2001/83/EC)
   (2007/C 315/20)
   Language of the case: German
   Referring court
   Landgericht Hamburg
   Parties to the main proceedings
   
      Applicant: Ludwigs-Apotheke München Internationale Apotheke
   
      Defendant: Juers Pharma Import-Export GmbH
   Re:
   Reference for a preliminary ruling — Landgericht Hamburg — Interpretation of the third indent of Article 86(2) of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ 2001 L 311, p. 67), as amended by Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001/83/EC on the Community code relating to medicinal products for human use (OJ 2004 L 136, p. 34) — Scope of application — National rules prohibiting an importer from sending pharmacies price lists of medicinal products which, although not authorised on the national market, may even so be imported
   Operative part of the judgment
   A prohibition on advertising such as that laid down by Paragraph 8 of the Law on the advertising of medicines (Heilmittelwerbegesetz) must be assessed in the light not of the provisions on advertising of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use, as amended by Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004, but of Articles 28 EC and 30 EC and Articles 11 and 13 of the Agreement on the European Economic Area of 2 May 1992. Article 28 EC and Article 11 of the Agreement on the European Economic Area preclude such a prohibition, in so far as it applies to the distribution to pharmacists of lists of non-approved medicinal products, the importation of which from another Member State or a non-Member State which is a party to the Agreement on the European Economic Area is authorised only on an exceptional basis, which contain no information other than that concerning the trade name, packaging size, dose and price of those medicinal products.
   
      (1)  OJ C 121, 20.5.2006.