Source: All England Reporter
Publisher Citation: [2009] All ER (D) 94 (Jan)
Court: Court of Justice of the European Communities (First Chamber)

Judges Jann (President), Borg Barthet (Rapporteur), Ilesic, Tizzano and Kasel

Judgment Dates: 15 January 2009


European Community - Freedom of movement - Goods - Medicinal products - Applicant company producing food supplement capsules - Domestic authorities ruling capsules medicinal product requiring marketing authorisation - Product not having marketing authorisation - Applicant bringing complaint about prohibition before domestic courts - Domestic courts referring to European Court of Justice for preliminary ruling - Whether relevant Directive applying to product - Whether amendment to Directive changing determinative factors in classification of product as medicinal - Parliament and Council Directive (EC) 2001/83, arts 1(2), 2(1) and 2(2) - EC Treaty, art 234.

The Case

European Community Freedom of movement. Court of Justice of the European Communities: The Court of Justice of the European Communities made a reference in the context of proceedings between the parties concerning the classification of a product called 'Red Rice' as a food additive or a medicinal product for the purposes of its marketing in Germany.

Practice Areas

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