CELEX: C2001/150/24
Language: en
Date: 2001-05-19 00:00:00
Title: Case C-115/01: Action brought on 14 March 2001 by the Commission of the European Communities against the United Kingdom

19.5.2001              EN                   Official Journal of the European Communities                                         C 150/13
     b)    subsequent control of the effectiveness and safety of       Pleas in law and main arguments
           the medicinal product is possibly made more diffi-
           cult by the fact that the marketing authorisation for
           the original medicinal product has been withdrawn;          The period for compliance laid down in the directive referred
                                                                       to in the conclusions of the Commission expired on 1 January
                                                                       1993 without the United Kingdom having enacted the pro-
     c)    the medicinal product imported as a parallel import
                                                                       visions necessary to implement Articles 5(1) and 6(1) of that
           has been widely used over many years in Member
                                                                       directive. The United Kingdom is therefore in breach of
           States and it is improbable that its continued sale
                                                                       Articles 3 and 13 of the said directive.
           presents a danger to public health?
3.   If, in the situation referred to in Question 1, Articles 28
     and 30 EC allow it to be found that the marketing                 (1) OJ L 76, 23.03.1992, p. 14.
     authorisation granted for a parallel import has expired,
     may it be decided that the marketing authorisation for
     the parallel import expired immediately the original
     marketing authorisation was withdrawn, without
     allowing the parallel importer any time to adapt his
     activity? Do any of the circumstances referred to in
     Question 2 affect the question whether it may be decided
     that the marketing authorisation for a parallel import
     expires immediately?
                                                                       Reference for a preliminary ruling by the Court of Appeal
                                                                       (England & Wales) (Civil Division), by order of that court
                                                                       of 14 December 2000, in the case of KB against 1) National
                                                                       Health Service Pensions Agency, 2) Secretary of State for
                                                                                                       Health
                                                                                                 (Case C-117/01)
Action brought on 14 March 2001 by the Commission of
 the European Communities against the United Kingdom
                                                                                                 (2001/C 150/25)
                        (Case C-115/01)
                                                                       Reference has been made to the Court of Justice of the
                                                                       European Communities by an order of the Court of Appeal
                        (2001/C 150/24)                                (England & Wales) (Civil Division) of 14 December 2000,
                                                                       which was received at the Court Registry on 15 March 2001,
                                                                       for a preliminary ruling in the case of KB against 1) National
An action against the United Kingdom was brought before the            Health Service Pensions Agency, 2) Secretary of State for
Court of Justice of the European Communities on 14 March               Health, on the following question:
2001 by the Commission of the European Communities,
represented by Mr Richard Wainwrightas agent, with an
address for service in Luxembourg.
                                                                       Does the exclusion of the female-to-male transsexual partner
                                                                       of a female member of the National Health Service Pension
                                                                       Scheme, which limits the material dependant’s benefit to her
The Applicant claims that the Court should:                            widower, constitute sex discrimination in contravention of
                                                                       Article 141 EC and Directive 75/117 (1)?
—    declare that, having failed to implement Articles 5(1) and
     6(1) of Council Directive 92/13/EEC (1) of 25 February
     1992 coordinating the laws, regulations and administrat-          (1) Council Directive 75/117/EEC of 10 February 1975 on the
     ive provisions relating to the application of Community               approximation of the laws of the Member States relating to the
     rules on the procurement procedures of entities operating             application of the principle of equal pay for men and women (OJ
     in the water, energy, transport and telecommunications                L 45, 19.02.1975, p. 19).
     sectors into national law, the United Kingdom is in breach
     of Articles 3 and 13 of the said directive;
—    order the United Kingdom to pay the costs.