CELEX: C1995/119/02
Language: en
Date: 1995-05-13 00:00:00
Title: JUDGMENT OF THE COURT of 28 March 1995 in Case C-324/93 (reference for a preliminary ruling from the High Court of Justice (Queen's Bench Division)): The Queen v. Secretary of State for the Home Department, ex-parte Evans Medical Ltd and Macfarlan Smith Ltd (Free movement of goods - Importation of a narcotic drug (diamorphine))

13. 5. 95          UËN                   Official Journal of the European Communities                                No- C 119/1
                                                                 I
                                                          (Information)
                                            COURT OF JUSTICE
                                                       COURT OF JUSTICE
              JUDGMENT OF THE COURT                                     provisions necessary to comply fully with Council
                       (Sixth Chamber)                                  Directive 89/48/EEC of21 December 1 988 on a general
                                                                        system for the recognition ofhigher-education diplomas
                     of 23 March 1995                                   award on completion of professional education and
     in Case C-365/93 : Commission of the European                      training of at least three years ' duration, the Hellenic
           Communities v. Hellenic Republic ( : )                       Republic has failed to fulfil its obligations under the
(Failure to fulfil obligations — Directive 89/48/EEC —                  EEC Treaty;
Recognition of higher-education diplomas awarded on
completion ofprofessional education and training ofatleast          2 , dismisses the remainder of the application;
                    three years ' duration)
                         ( 95/C 119/01 )
                                                                    3 , orders the Hellenic Republic to pay the costs.
                (Language of the case: Greek)                       (!) OJ No C 244, 8 . 9 . 1993 .
                                                                    (2) OJ No L 19, 24. 1 . 1989, p. 16 .
(Provisional translation; the definitive translation will be
        published in the European Court Reports)
In Case C-365/93 : Commission of the European
Communities (Agent: D. Gouloussis ) v. Hellenic Republic
(Agents: V. Kontolaimos and V. Pelekou) — application for
a declaration that by failing to adopt and by failing to                         JUDGMENT OF THE COURT
communicate to the Commission within the prescribed                                      of 28 March 1995
period the laws, regulations and administrative provisions
needed to comply fully with Council Directive 89/48/EEC of          in Case C-324/93 (reference for a preliminary ruling from
21 December 1988 on a general system for the recognition            the High Court of Justice (Queen's Bench Division)): The
of higher-education diplomas awarded on completion of               Queen v. Secretary of State for the Home Department,
professional education and training of at least three years'         ex-parte Evans Medical Ltd and Macfarlan Smith Ltd ( a )
duration (2 ) the Hellenic Republic has failed to fulfil its        (Free movement ofgoods — Importation ofa narcotic drug
obligations under the EEC Treaty — the Court ( Sixth                                         (diamorphine))
Chamber), composed of F. A. Schockweiler, President of the                                    ( 95/C 119/02 )
Chamber, P. J. G. Kapteyn, C. N. Kakouris, J. L. Murray
(Rapporteur) and G. Hirsch, Judges : C. O. Lenz;
Advocate-General; H. A. Riihl, Principal Administrator, for                       (Language of the case: English)
the Registrar, has given a judgment on 23 March 1995 , in
which it:
                                                                    In Case C-324/93 : reference to the Court under Article 177
                                                                    of the EEC Treaty by the High Court of Justice ( Queen's
1 , declares that by failing to adopt within the prescribed         Bench Division) for a preliminary ruling in the proceedings
    period the laws, regulations and administrative                 pending before that court between The Queen and Secretary
 ---pagebreak--- No C 119/2              EN                  Official Journal of the European Communities                                   13 . 5 . 95
 of State for the Home Department, ex-parte Evans Medical                             JUDGMENT OF THE COURT
 Ltd and Macfarlan Smith Ltd, intervener: Generics (UK ) Ltd                                   of 30 March 1995
— on the interpretation of Articles 30, 36 and 234 of
the EEC Treaty and Council Directive 77/62/EEC of                      in Case C-65/93 : European Parliament v. Council of the
21 December 1976 coordinating procedures for the award                                         European Union (*)
of public supply contracts (2 ), as amended by Council                  (Article 43 of the EEC Treaty — Obligation to consult the
Directive 88/295/EEC of 22 March 1988 ( 3 ) — the Court,                                              Parliament)
composed of G. C. Rodriguez Iglesias, President, F. A.                                             ( 95/C 119/03 )
 Schockweiler and P. J. G. Kapteyn (Presidents of
 Chambers ), G. F. Mancini, C. N. Kakouris, J. L. Murray                                (Language ofthe case: French)
 ( Rapporteur ) and D. A. O. Edward, Judges; C. O. Lenz,
Advocate-General; L. Hewlett, Administrator, for the                   (Provisional translation; the definitive translation will be
Registrar, has given a judgment on 28 March 1 995 , in which                     published in the European Court Reports)
it ruled as follows :
                                                                       In Case C-65/93 : European Parliament (Agents: Christian
                                                                       Pennera, Kieran Bradley and Jorge Campinos ) against the
                                                                       Council of the European Union (Agents: Jean-Claude Piris
1 . Article 30 of the EEC Treaty applies to a national
      practice prohibiting importation of narcotic drugs               and Yves Crétien), supported by the United Kingdom of
      covered by the 1961 Single Convention on Narcotic
                                                                       Great Britain and Northern Ireland (Agents : John E. Collins
      Drugs and marketable under that Convention;                      of the Treasury Solicitor's Department and Peter Duffy,
                                                                       Barrister) — application for the annulment of Council
                                                                       Regulation ( EEC ) No 3917/92 of 21 December 1992
                                                                       extending into 1993 the application of Regulations ( EEC )
2. Article 30 of the EEC Treaty is to be interpreted as                No 3831/90, ( EEC ) No 3832/90, ( EEC ) No 3833/90, ( EEC )
      requiring a Member State to ensure that this provision           No 3834/90, ( EEC ) No 3835/90 and ( EEC ) No 3900/91
      is fully effective by disapplying a national practice            applying generalized tariff preferences for 1991 in respect of
      contrary to it unless that practice is necessary in order        certain products originating in developing countries, and
      for the Member State concerned to comply with                    adding to the list of beneficiaries of such preferences (2 ) —
      obligations towards non-member States laid down in an            the Court, composed of G. C. Rodriguez Iglesias, President,
      agreement concluded prior to entry into force of the             F. A. Schockweiler, P. J. G. Kapteyn (Rapporteur) and
      Treaty or to accession by that Member State;                     C. Gulmann ( Presidents of Chambers), G. F. Mancini, C. N.
                                                                       Kakouris, J. C. Moitinho de Almeida, J. L. Murray, D. A. O.
                                                                       Edward, J.-P. Puissochet and G. Hirsch, Judges; G. Tesauro;
                                                                       Advocate-General; D. Louterman-Hubeau, Principal
3 , a national practice of refusing licences for importation           Administrator, gave a judgment on 30 March 1 995 , the
      of drugs from another Member State is not covered by             operative part of which is as follows :
      the derogation provided for in Article 36 of the EEC
      Treaty if it is based on the need to safeguard an                1 , the application is dismissed;
      undertaking's survival but that derogation may apply to
      it ifprotection ofthe health and life ofhumans requires a        2 . the European Parliament is ordered to pay the costs,
      reliable supply of drugs for essential medical purposes                save for those of the United Kingdom of Great Britain
      to be safeguarded and that objective cannot be                         and Northern Ireland, which is ordered to bear its own
      achieved as effectively by measures less restrictive of                costs .
      intra-Community trade;
                                                                       f 1 ) OJ No C 105 , 16 . 4 . 1993 .
                                                                       (2) OJ No L 396, 31 . 12. 1992, p. 1 .
4. Council Directive 77/62/EEC of 21 December 1976
      coordinating procedures for the award of public
      supply contracts, as amended by Council Directive
      88/295/EEC of 22 March 1988, is to be interpreted as                               ORDER OF THE COURT
      authorizing the bodies covered by that Directive which
                                                                                               of 23 March 1995
      wish to obtain diamorphine to award the contract on the
      basis of the tendering undertakings ' ability to provide                in Case C-458/93 : criminal proceedings against
      reliable and continuous supplies to the Member State                                     Mostafa Saddik ( l )
      concerned.
                                                                                                 (Inadmissibility)
                                                                                                   ( 95/C 119/04 )
t 1 ) OJ No C 222, 18 . 8 . 1993 .                                                      (Language of the case: Italian)
(2 ) OJ No L 13 , 15 . 1 . 1977, p. 1 .
( 3 ) OJ No L 127, 20 . 5 . 1988 , p . 1 .
                                                                       (Provisional translation; the definitive translation will be
                                                                                 published in the European Court Reports)
                                                                       In Case C-458/93 : reference to the Court under Article 177
                                                                       of the EC Treaty from the Pretura Circondariale, Rome for a