Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 14 April 2014 — Criminal proceedings against G

(Case C-181/14)

2014/C 212/17

Language of the case: German

Referring court

Bundesgerichtshof

Party to the main proceedings

G

Question referred

Is Article 1(2)(b) of Directive 2001/83/EC (1) of 6 November 2001, as amended by Directive 2004/27/EC (2) of 31 March 2004, to be interpreted as meaning that substances or combinations of substances, within the meaning of that provision, which merely modify — that is, do not restore or correct — human physiological functions are to be regarded as medicinal products only if they are of therapeutic benefit or at any rate bring about a modification of bodily functions along positive lines? Consequently, do substances or combinations of substances which are consumed solely for their — intoxication-inducing — psychoactive effects, and in the process also have an effect which at least poses a risk to health, fall under the definition of ‘medicinal product’ contained in the directive?

(1)  Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ 2001 L 311, p. 67).

(2)  Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001/83/EC (OJ 2004 L 136, p. 34).