CELEX: 62013CN0358
Language: en
Date: 2013-06-27 00:00:00
Title: Case C-358/13: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 27 June 2013 — Criminal proceedings against Markus D.

9.11.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 325/8
            
         Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 27 June 2013 — Criminal proceedings against Markus D.
   (Case C-358/13)
   2013/C 325/13
   Language of the case: German
   
      Referring court
   
   Bundesgerichtshof
   
      Party/parties to the main proceedings
   
   Markus D.
   
      Question referred
   
   Is Article 1(2)(b) of Directive 2001/83/EC of 6 November 2001, (1) as amended by Directive 2004/27/EC of 31 March 2004, (2) to be interpreted as meaning that substances or combinations of substances within the meaning of that provision which merely modify — that is, do not restore or correct — human physiological functions are to be regarded as medicinal products only if they are of therapeutic benefit or at any rate bring about a modification of bodily functions along positive lines? Consequently, do substances or combinations of substances which are consumed solely for their — intoxication-inducing — psychoactive effects, and in the process also have an effect which at least poses a risk to health, fall under the definition of ‘medicinal product’ contained in the directive?
   
      (1)  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 2011 L 311, p. 67).
   
      (2)  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).