Source: All England Reporter
Publisher Citation: [2002] All ER (D) 301 (Feb)
Court: Court of Justice of the European Communities (Sixth Chamber)

Judges Macken (President of the Chamber), Gulmann (Rapporteur), Puissochet, Skouris and Cunha Rodrigues

Judgment Dates: 10 September 2002


European Community - Freedom of movement - Goods - Medicinal products - Marketing authorisation - Parallel imports - Medicinal product having marketing authorisation in exporting state - New version of product being subject of marketing authorisation in importing state - Manufacturer waiving marketing authorisation for old version of product in importing state - Whether automatic cessation of parallel import licence precluded by Treaty rules on freedom of movement of goods - Article 28 EC (formerly EC Treaty, art 30).

The Case

On an application under art238 (EC) (formerly art181 of the EC Treaty) to the Court of Justice of the European Communities by the Commission of the European Communities for repayment of advance financial payments made under a contract to build a wind energy converter on a Greek island where the contract was terminated by the Commission for non-performance, the Court ruled that the Commission was entitled only to the sum the Commission had agreed to accept by way of a settlement which remained unpaid.

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