CELEX: C2005/031/23
Language: en
Date: 2005-02-05 00:00:00
Title: Case C-495/04: Reference for a preliminary ruling of 26 November 2004, from the Hoge Raad der Nederlanden in the case of A.C. Smits-Koolhoven against Staatssecretaris van Financiën

5.2.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 31/12
            
         Reference for a preliminary ruling of 26 November 2004, from the Hoge Raad der Nederlanden in the case of A.C. Smits-Koolhoven against Staatssecretaris van Financiën
   (Case C-495/04)
   (2005/C 31/23)
   Language of the case: Dutch
   Reference has been made to the Court of Justice of the European Communities by judgment of the Hoge Raad der Nederlanden (Supreme Court of the Netherlands) of 26 November 2004, received at the Court Registry on 1 December 2004, for a preliminary ruling in the case of A.C. Smits-Koolhoven against Staatssecretaris van Financiën on the following question:
   Do herbal cigarettes of the type in issue in the present case, which it is established do not contain any substances having a medicinal effect, but which, with the approval of the Netherlands Council for the Monitoring of Medicinal Product Advertising/Council for the Monitoring of Health Product Advertising, are sold as ‘Medicinal herbal cigarettes’ as an aid in giving up smoking, come under the exemption which Article 7(2) of Council Directive 95/59/EC (1) of 27 November 1995 provides for products which are used exclusively for medical purposes?
   
      (1)  OJ L 291, 6.12.1995, p. 40.