Source: All England Reporter
Publisher Citation: [2003] All ER (D) 75 (May)
Court: Court of Justice of the European Communities (Sixth Chamber)

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

Judgment Dates: 8 May 2003


European Communities - Free movement of goods - Quantitative restrictions and equivalent measures - National legislation requiring withdrawal of parallel import licence for medicinal product when marketing authorisation withdrawn at holder's request - Compatibility of legislation with principle of free movement of goods - Arts 28, 30 EC.

The Case

Article28EC and art30EC precluded national legislation under which the withdrawal, at the request of its holder, of the marketing authorisation of reference of itself entailed the withdrawal of the parallel import licence granted for the medicinal product in question. However, those provisions did not preclude restrictions on parallel imports of the medicinal product in question if there was in fact a risk to the health of humans as a result of the continued existence of that medicinal product on the market of the importing state.

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