Keywords
Summary

Keywords

1 . PRELIMINARY QUESTIONS - JURISDICTION OF THE COURT - IDENTIFICATION OF THE RELEVANT ASPECTS OF COMMUNITY LAW - JURISDICTION OF THE NATIONAL COURT - APPLICATION OF THE PROVISIONS INTERPRETED

( EEC TREATY , ART . 177 )

2 . APPROXIMATION OF LAWS - PROPRIETARY MEDICINAL PRODUCTS - DIRECTIVE 65/65 - MEDICINAL PRODUCT - CONCEPT - SUBSTANCE FOR MAKING A MEDICAL DIAGNOSIS ADMINISTERED AFTER MIXING WITH OTHER SUBSTANCES - INCLUDED

( COUNCIL DIRECTIVE 65/65 , ART.1 )

Summary

1 . IT IS FOR THE COURT , WHEN FACED WITH QUESTIONS WHICH ARE NOT FRAMED IN AN APPROPRIATE MANNER OR WHICH GO BEYOND ITS FUNCTIONS UNDER ARTICLE 177 OF THE EEC TREATY , TO EXTRACT FROM ALL THE INFORMATION PROVIDED BY THE NATIONAL COURT , IN PARTICULAR FROM THE GROUNDS OF THE DECISION REFERRING THE QUESTIONS , THE POINTS OF COMMUNITY LAW WHICH REQUIRE INTERPRETATION OR WHOSE VALIDITY IS AT ISSUE , HAVING REGARD TO THE SUBJECT-MATTER OF THE DISPUTE . IN ORDER TO PROVIDE A SATISFACTORY ANSWER TO A NATIONAL COURT WHICH HAS REFERRED A QUESTION TO IT , THE COURT OF JUSTICE MAY DEEM IT NECESSARY TO CONSIDER PROVISIONS OF COMMUNITY LAW TO WHICH THE NATIONAL COURT HAS NOT REFERRED IN THE TEXT OF ITS QUESTION . HOWEVER , IT IS FOR THE NATIONAL COURT TO DECIDE WHETHER OR NOT THE RULE OF COMMUNITY LAW , AS INTERPRETED BY THE COURT OF JUSTICE PURSUANT TO ARTICLE 177 , APPLIES TO THE CASE BROUGHT BEFORE IT .

2 . IN VIEW OF THE AIMS OF DIRECTIVE 65/65 ON PROPRIETARY MEDICINAL PRODUCTS , NAMELY THE PROTECTION OF PUBLIC HEALTH AND THE ELIMINATION OF OBSTACLES TO INTRA-COMMUNITY TRADE IN THOSE PRODUCTS , THE DEFINITION OF MEDICINAL PRODUCT GIVEN IN ARTICLE 1 OF THAT DIRECTIVE MAY NOT BE INTERPRETED RESTRICTIVELY BUT MUST BE CONSTRUED AS INCLUDING A SUBSTANCE WHICH IS NOT PRESENTED FOR TREATING OR PREVENTING DISEASE IN HUMAN BEINGS OR ANIMALS BUT WHICH IS USED FOR MAKING MEDICAL DIAGNOSES ON THEM IN SO FAR AS IT IS INTENDED TO BE ADMINISTERED TO HUMAN BEINGS OR ANIMALS EITHER ON ITS OWN OR MIXED WITH OTHER SUBSTANCES .