CELEX: C2002/274/14
Language: en
Date: 2002-11-09 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 10 September 2002 in Case C-172/00 (Reference for a preliminary ruling from the Landgericht Köln): Ferring Arzneimittel GmbH v Eurim-Pharm Arzneimittel GmbH (Interpretation of Article 28 EC and Article 30 EC — Medicinal products — Withdrawal of parallel import licence in consequence of waiver of the marketing authorisation for the medicinal product of reference by the holder of that authorisation)

9.11.2002                EN                       Official Journal of the European Communities                                            C 274/9
3.    a)    The provision of general care and domestic help by an            1.    Declares that, by failing to adopt all the measures necessary to
            out-patient care service to persons in a state of physical or          ensure the correct transposition of Articles 4, 7(3), 11, 12(2),
            economic dependence amounts to the supply of services                  18(1) and (3) and 22(1) of Council Directive 86/609/EEC of
            closely linked to welfare and social security work within              24 November 1986 on the approximation of laws, regulations
            the meaning of Article 13(A)(1)(g) of the Sixth Directive              and administrative provisions of the Member States regarding
            (77/388/EEC).                                                          the protection of animals used for experimental and other
                                                                                   scientific purposes, the French Republic has failed to fulfil its
      (b) The exemption provided for in Article 13(A)(1)(g) of the                 obligations under that directive;
            Sixth Directive (77/388/EEC) may be relied upon by a
            taxable person before national courts in order to oppose         2.    Orders the French Republic to pay the costs.
            national rules incompatible with that provision. It is for
            the national court to establish, in the light of all relevant    (1 ) OJ C 176 of 24.6.2000.
            factors, whether the taxable person is an organisation
            recognised as charitable within the meaning of the
            aforesaid provision.
( 1) OJ C 176 of 24.6.2000.
                                                                                               JUDGMENT OF THE COURT
                                                                                                       (Sixth Chamber)
                                                                                                    of 10 September 2002
                                                                             in Case C-172/00 (Reference for a preliminary ruling from
                  JUDGMENT OF THE COURT                                      the Landgericht Köln): Ferring Arzneimittel GmbH v
                                                                                           Eurim-Pharm Arzneimittel GmbH ( 1)
                           (Fifth Chamber)
                                                                             (Interpretation of Article 28 EC and Article 30 EC —
                        of 12 September 2002                                 Medicinal products — Withdrawal of parallel import licence
                                                                             in consequence of waiver of the marketing authorisation for
                                                                             the medicinal product of reference by the holder of that
in Case C-152/00: Commission of the European Communi-                                                    authorisation)
                      ties v French Republic ( 1)
                                                                                                        (2002/C 274/14)
(Failure by a Member State to fulfil its obligations —
      Directive 86/609/EEC — Incomplete transposition)                                           (Language of the case: German)
                           (2002/C 274/13)                                   (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
                     (Language of the case: French)
                                                                             In Case C-172/00: Reference to the Court under Article 234
(Provisional translation; the definitive translation will be published       EC by the Landgericht Köln (Germany) for a preliminary ruling
                    in the European Court Reports)                           in the proceedings pending before that court between Ferring
                                                                             Arzneimittel GmbH and Eurim-Pharm Arzneimittel GmbH,
                                                                             on the interpretation of Article 28 EC and Article 30 EC, the
                                                                             Court (Sixth Chamber), composed of: F. Macken, President of
In Case C-152/00, Commission of the European Communities                     the Chamber, C. Gulmann (Rapporteur), J.-P. Puissochet,
(Agents: L. Ström and J.-F. Pasquier) v French Republic                      V. Skouris and J.N. Cunha Rodrigues, Judges; L.A. Geelhoed,
(Agents: K. Rispal-Bellanger and C. Vasak, and G. de Bergues):               Advocate General; L. Hewlett, Administrator, for the Registrar,
Application for a declaration that, by failing to transpose fully            has given a judgment on 10 September 2002, in which it has
and correctly Council Directive 86/609/EEC of 24 November                    ruled:
1986 on the approximation of laws, regulations and adminis-
trative provisions of the Member States regarding the protec-                1.    Article 28 EC precludes national legislation under which the
tion of animals used for experimental and other scientific                         withdrawal of the marketing authorisation of reference for a
purposes (OJ 1986 L 358, p. 1), and in particular Articles 4, 7,                   medicinal product on application by the holder thereof means
11, 12, 18 and 22 thereof, the French Republic has failed to                       that the parallel import licence for that product automatically
fulfil its obligations under the EC Treaty, the Court (Fifth                       ceases to be valid.
Chamber), composed of: P. Jann, President of the Chamber,
S. von Bahr and A. La Pergola (Rapporteur), Judges; L.A. Geel-               2.    The fact that the new version of the medicinal product has been
hoed, Advocate General; H.A. Rühl, Principal Administrator,                        placed on the market of the Member State of importation alone
for the Registrar, has given a judgment on 12 September 2002,                      or is also found on the market in other Member States does not
in which it:                                                                       alter the answer to the first question.
 ---pagebreak--- C 274/10                 EN                       Official Journal of the European Communities                                          9.11.2002
3.    If it is demonstrated that there is in fact a risk to public health    Regulation (EEC) No 1035/72 of the Council of 18 May 1972
      arising from the coexistence of two versions of the same               and Council Regulation (EC) No 2200/96 of 28 October 1996 on
      medicinal product on the market in a Member State such a risk          the common organisation of the market in fruit and vegetables are to
      may justify restrictions on the importation of the old version of      be interpreted as meaning that compliance with the provisions on
      the medicinal product in consequence of the withdrawal of the          quality standards applicable to fruit or vegetables must be capable of
      marketing authorisation of reference by the holder thereof in          enforcement by means of civil proceedings instituted by a trader
      relation to that market.                                               against a competitor.
( 1) OJ C 211 of 22.7.2000.                                                  (1 ) OJ C 247 of 26.8.2000.
                  JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                      of 17 September 2002                                                            (Sixth Chamber)
in Case C-253/00 (Reference for a preliminary ruling from                                          of 24 September 2002
the Court of Appeal (England & Wales) (Civil Division):
Antonio Muñoz y Cia SA, Superior Fruiticola SA v Frumar
            Ltd, Redbridge Produce Marketing Ltd ( 1)
                                                                             in Case C-255/00 (Reference for a preliminary ruling from
                                                                             the Tribunale di Trento): Grundig Italiana SpA v Ministero
                                                                                                       delle Finanze ( 1)
(Agriculture — Regulation (EC) No 2200/96 — Quality
standards for varieties of table grapes — Legal obligations
of operators marketing table grapes within the Community
— Right of an operator to seek enforcement of those                          (Internal taxes contrary to Community law — Recovery of
                  obligations in civil proceedings)                          sums paid but not due — National legislation retroactively
                                                                             reducing time-limits for bringing proceedings — Compati-
                                                                                         bility with the principle of effectiveness)
                           (2002/C 274/15)
                                                                                                       (2002/C 274/16)
                    (Language of the case: English)
                                                                                                 (Language of the case: Italian)
In Case C-253/00: Reference to the Court under Article 234                   (Provisional translation; the definitive translation will be published
EC by the Court of Appeal of England and Wales (Civil                                           in the European Court Reports)
Division) for a preliminary ruling in the proceedings pending
before that court between Antonio Muñoz y Cia SA, Superior
Fruiticola SA and Frumar Ltd, Redbridge Produce Marketing
Ltd, on the interpretation of Regulation (EEC) No 1035/72 of
the Council of 18 May 1972 and Council Regulation (EC)                       In Case C-255/00: Reference to the Court under Article 234
No 2200/96 of 28 October 1996 on the common organisation                     EC by the Tribunale di Trento (Italy) for a preliminary ruling
of the market in fruit and vegetables (OJ, English Special                   in the proceedings pending before that court between Grundig
Edition 1972 (II), p. 437, and OJ 1996 L 297, p. 1 respectively),            Italiana SpA and Ministero delle Finanze, on the interpretation
the Court, composed of: G.C. Rodríguez Iglesias, President,                  of the principles of Community law relating to the recovery of
P. Jann (Rapporteur), N. Colneric and S. von Bahr, (Presidents               sums paid but not due, the Court (Sixth Chamber), composed
of Chambers), C. Gulmann, D.A.O. Edward, A. La Pergola,                      of: F. Macken, President of the Chamber, C. Gulmann,
J.-P. Puissochet, R. Schintgen, J.N. Cunha Rodrigues and                     J.-P. Puissochet (Rapporteur), R. Schintgen and J.N. Cunha
C.W.A. Timmermans, Judges; L.A. Geelhoed, Advocate Gen-                      Rodrigues, Judges; D. Ruíz-Jarabo Colomer, Advocate General;
eral; R. Grass, Registrar, has given a judgment on 17 September              R. Grass, Registrar, has given a judgment on 24 September
2002, in which it has ruled:                                                 2002, in which it has ruled: