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Document 62007CA0088
Case C-88/07: Judgment of the Court (First Chamber) of 5 March 2009 — Commission of the European Communities v Kingdom of Spain (Articles 28 EC and 30 EC — Free movement of goods — Directive 2001/83/EC — Products based on medicinal herbs — Products classified as medicinal products — Products lawfully produced or marketed as food supplements or dietary products in other Member States — Meaning of medicinal product — Marketing authorisation — Restriction — Justification — Public health — Consumer protection — Proportionality — Decision No 3052/95/EC — Procedure for the exchange of information on national measures derogating from the principle of the free movement of goods within the Community)
Case C-88/07: Judgment of the Court (First Chamber) of 5 March 2009 — Commission of the European Communities v Kingdom of Spain (Articles 28 EC and 30 EC — Free movement of goods — Directive 2001/83/EC — Products based on medicinal herbs — Products classified as medicinal products — Products lawfully produced or marketed as food supplements or dietary products in other Member States — Meaning of medicinal product — Marketing authorisation — Restriction — Justification — Public health — Consumer protection — Proportionality — Decision No 3052/95/EC — Procedure for the exchange of information on national measures derogating from the principle of the free movement of goods within the Community)
Case C-88/07: Judgment of the Court (First Chamber) of 5 March 2009 — Commission of the European Communities v Kingdom of Spain (Articles 28 EC and 30 EC — Free movement of goods — Directive 2001/83/EC — Products based on medicinal herbs — Products classified as medicinal products — Products lawfully produced or marketed as food supplements or dietary products in other Member States — Meaning of medicinal product — Marketing authorisation — Restriction — Justification — Public health — Consumer protection — Proportionality — Decision No 3052/95/EC — Procedure for the exchange of information on national measures derogating from the principle of the free movement of goods within the Community)
OJ C 102, 1.5.2009, p. 3–4
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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1.5.2009 |
EN |
Official Journal of the European Union |
C 102/3 |
Judgment of the Court (First Chamber) of 5 March 2009 — Commission of the European Communities v Kingdom of Spain
(Case C-88/07) (1)
(Articles 28 EC and 30 EC - Free movement of goods - Directive 2001/83/EC - Products based on medicinal herbs - Products classified as medicinal products - Products lawfully produced or marketed as food supplements or dietary products in other Member States - Meaning of ‘medicinal product’ - Marketing authorisation - Restriction - Justification - Public health - Consumer protection - Proportionality - Decision No 3052/95/EC - Procedure for the exchange of information on national measures derogating from the principle of the free movement of goods within the Community)
2009/C 102/04
Language of the case: Spanish
Parties
Applicant: Commission of the European Communities (represented by: S. Pardo Quintillán and A. Alcover San Pedro, acting as Agents)
Defendant: Kingdom of Spain (represented by: J. Rodríguez Cárcamo, acting as Agent)
Re:
Failure to fulfil obligations — Infringement of Arts 28 EC and 30 EC — Infringement of Arts 1 and 4 of Decision No 3052/95/EC of the European Parliament and of the Council of 13 December 1995 establishing a procedure for the exchange of information on national measures derogating from the principle of the free movement of goods within the Community (OJ 1995 L 321, p. 1)
Operative part of the judgment
The Court:
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1. |
the Kingdom of Spain has failed to fulfil its obligations under Articles 28 EC and 30 EC and Articles 1 and 4 of Decision No 3052/95/EC of the European Parliament and of the Council of 13 December 1995 establishing a procedure for the exchange of information on national measures derogating from the principle of the free movement of goods within the Community. |
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2. |
Orders the Kingdom of Spain to pay the costs. |