CELEX: C2002/274/22
Language: en
Date: 2002-11-09 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 19 September 2002 in Case C-433/00 (Reference for a preliminary ruling from the Landgericht Köln): Aventis Pharma Deutschland GmbH v Kohlpharma GmbH, MTK Pharma Vertriebs-GmbH (Trade mark rights — Medicinal products — Central marketing authorisation — Repackaging)

C 274/14                EN                       Official Journal of the European Communities                                             9.11.2002
                 JUDGMENT OF THE COURT                                                        JUDGMENT OF THE COURT
                         (Sixth Chamber)                                                                (Sixth Chamber)
                      of 19 September 2002                                                         of 19 September 2002
in Case C-433/00 (Reference for a preliminary ruling                        in Case C-221/01: Commission of the European Communi-
from the Landgericht Köln): Aventis Pharma Deutschland                                        ties v Kingdom of Belgium ( 1)
GmbH v Kohlpharma GmbH, MTK Pharma Vertriebs-
                             GmbH (1)
                                                                            (Directive 97/33/EC — Telecommunications — Intercon-
                                                                                  nection of networks — Interoperability of services)
(Trade mark rights — Medicinal products — Central market-
               ing authorisation — Repackaging)
                                                                                                        (2002/C 274/23)
                          (2002/C 274/22)
                                                                                                 (Language of the case: French)
                   (Language of the case: German)
                                                                            (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)
                                                                            In Case C-221/01, Commission of the European Communities
                                                                            (Agent: H. van Lier) v Kingdom of Belgium (Agent: initially
In Case C-433/00: Reference to the Court under Article 234                  F. van de Craen, and, subsequently, A. Snoecx): Application
EC by the Landgericht Köln (Germany) for a preliminary ruling               for a declaration that, by failing to adopt all the laws,
in the proceedings pending before that court between Aventis                regulations and administrative provisions necessary to comply
Pharma Deutschland GmbH and Kohlpharma GmbH, MTK                            with Directive 97/33/EC of the European Parliament and
Pharma Vertriebs-GmbH, on the interpretation of Council                     of the Council of 30 June 1997 on interconnection in
Regulation (EEC) No 2309/93 of 22 July 1993 laying down                     Telecommunications with regard to ensuring universal service
Community procedures for the authorisation and supervision                  and interoperability through application of the principles of
of medicinal products for human and veterinary use and                      Open Network Provision (ONP) (OJ 1997 L 199, p. 32) and,
establishing a European Agency for the Evaluation of Medicinal              in particular, with Articles 7(5), 9(3) and 14(1) and (2) thereof,
Products (OJ 1993 L 214, p. 1) and of the rules of Community                the Kingdom of Belgium has failed to fulfil its obligations
law on the free movement of medicinal products, the Court                   under that directive, the Court (Sixth Chamber), composed of:
(Sixth Chamber), composed of: F. Macken, President of the                   F. Macken, President of the Chamber, N. Colneric, C. Gulmann
Chamber, N. Colneric, C. Gulmann (Rapporteur), J.-P. Puisso-                (Rapporteur), R. Schintgen and V. Skouris, Judges; F. G. Jacobs,
chet and V. Skouris, Judges; F. G. Jacobs, Advocate General;                Advocate General; R. Grass, Registrar, has given a judgment
H. A. Rühl, Principal Administrator, for the Registrar, has                 on 19 September 2002, in which it:
given a judgment on 19 September 2002, in which it has
ruled:
                                                                            1.    Declares that, by failing to adopt all the laws, regulations and
                                                                                  administrative provisions necessary to comply with Articles 7(5)
Council Regulation (EEC) No 2309/93 of 22 July 1993 laying                        and 9(3) of Directive 97/33/EC of the European Parliament
down Community procedures for the authorisation and supervision of                and of the Council of 30 June 1997 on interconnection in
medicinal products for human and veterinary use and establishing a                Telecommunications with regard to ensuring universal service
European Agency for the Evaluation of Medicinal Products precludes                and interoperability through application of the principles of
a medicinal product which is the subject of two separate central                  Open Network Provision (ONP), as well as Article 14(1) in
marketing authorisations, one for packs of five items and the other               conjunction with Article 12(4) thereof, the Kingdom of Belgium
for packs of 10 items, from being marketed in a package consisting                has failed to fulfil its obligations under that directive;
of two packs of five items which have been joined together and
relabelled.                                                                 2.    Orders the Kingdom of Belgium to pay the costs.
( 1) OJ C 45 of 10.2.2001.                                                  (1 ) OJ C 227 of 11.8.2001.