CELEX: 62013CA0627
Language: en
Date: 2015-02-05 00:00:00
Title: Joined Cases C-627/13 and C-2/14: Judgment of the Court (Fifth Chamber) of 5 February 2015 (requests for a preliminary ruling from the Bundesgerichtshof — Germany) — Criminal proceedings against Miguel M. (C-627/13), Thi Bich Ngoc Nguyen, Nadine Schönherr (C-2/14) (Request for a preliminary ruling — Drug precursors — Monitoring of trade between the Member States — Regulation (EC) No 273/2004 — Monitoring of trade between the European Union and third countries — Regulation (EC) No 111/2005 — Trade in medicinal products containing ephedrine or pseudoephedrine — Definition of ‘scheduled substance’ — Composition — Exclusion of all medicinal products or only those containing scheduled substances and the composition of which does allow those substances to be readily extracted — Directive 2001/83/EC — Definition of ‘medicinal product’)

30.3.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 107/11
            
         
      Judgment of the Court (Fifth Chamber) of 5 February 2015 (requests for a preliminary ruling from the Bundesgerichtshof — Germany) — Criminal proceedings against Miguel M. (C-627/13), Thi Bich Ngoc Nguyen, Nadine Schönherr (C-2/14)
      (Joined Cases C-627/13 and C-2/14) (1)
      
      ((Request for a preliminary ruling - Drug precursors - Monitoring of trade between the Member States - Regulation (EC) No 273/2004 - Monitoring of trade between the European Union and third countries - Regulation (EC) No 111/2005 - Trade in medicinal products containing ephedrine or pseudoephedrine - Definition of ‘scheduled substance’ - Composition - Exclusion of all medicinal products or only those containing scheduled substances and the composition of which does allow those substances to be readily extracted - Directive 2001/83/EC - Definition of ‘medicinal product’))
      (2015/C 107/13)
      Language of the case: German
      
         Referring court
      
      Bundesgerichtshof
      
         Parties in the main proceedings
      
      Miguel M. (C-627/13), Thi Bich Ngoc Nguyen, Nadine Schönherr (C-2/14)
      
         Operative part of the judgment
      
      Articles 2(a) of Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors and of Council Regulation (EC) No 111/2005 of 22 December 2004 laying down rules for the monitoring of trade between the Community and third countries in drug precursors respectively must be interpreted as meaning that a medicinal product as defined in Article 1(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, as amended by Regulation (EC) No 1901/2006 of the European Parliament and of the Council of 12 December 2006, cannot be categorised as a ‘scheduled substance’ as such, even if it contains a substance referred to in Annex I to Regulation No 273/2004 and in the annex to Regulation No 111/2005 and can easily be used or extracted by readily applicable or economically viable means.
      
         (1)  OJ C 39, 8.2.2014.
      
         OJ C 71, 8.3.2014.