CELEX: 62019CA0602
Language: en
Date: 2020-10-08 00:00:00
Title: Case C-602/19: Judgment of the Court (Fourth Chamber) of 8 October 2020 (request for a preliminary ruling from the Verwaltungsgericht Köln — Germany) — kohlpharma GmbH v Bundesrepublik Deutschland (Reference for a preliminary ruling — Articles 34 and 36 TFEU — Free movement of goods — Quantitative restrictions — Measures having equivalent effect — Refusal to approve an amendment to the particulars and documents relating to a medicinal product which is the subject of a parallel import licence — Protection of the health and life of humans — Directive 2001/83/EC)

30.11.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 414/13
            
         
      Judgment of the Court (Fourth Chamber) of 8 October 2020 (request for a preliminary ruling from the Verwaltungsgericht Köln — Germany) — kohlpharma GmbH v Bundesrepublik Deutschland
      (Case C-602/19) (1)
      
      (Reference for a preliminary ruling - Articles 34 and 36 TFEU - Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Refusal to approve an amendment to the particulars and documents relating to a medicinal product which is the subject of a parallel import licence - Protection of the health and life of humans - Directive 2001/83/EC)
      (2020/C 414/15)
      Language of the case: German
      
         Referring court
      
      Verwaltungsgericht Köln
      
         Parties to the main proceedings
      
      
         Applicant: kohlpharma GmbH
      
         Defendant: Bundesrepublik Deutschland
      
         Operative part of the judgment
      
      Articles 34 and 36 TFEU must be interpreted as precluding the competent authority of a Member State from refusing to approve amendments to the particulars and documents relating to a medicinal product which is covered by a marketing authorisation in another Member State and by a licence for parallel import into the first Member State, on the sole ground that the marketing authorisation of reference in the first Member State has expired and the proposed amendments are based on both the indications authorised in the other Member State for the parallel-imported medicinal product and the indications relating to a medicinal product with the same therapeutic indication, which is covered by a marketing authorisation in the two Member States concerned and which is essentially manufactured with the same active ingredient but in a different pharmaceutical form, where the parallel import licence at issue is still valid and there is insufficient evidence of a risk to the effective protection of the life and health of humans.
      
         (1)  OJ C 357, 21.10.2019.