Keywords
Summary

Keywords

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Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Rules restricting the import by private individuals of medicinal preparations authorized and available without prescription in the Member State of importation, but purchased in a pharmacy in another Member State - Justification - Protection of public health - None

( EEC Treaty, Arts 30 and 36 )

Summary

National provisions which prohibit the importation by a private individual for his personal needs of medicinal preparations which are authorized in the Member State of importation, are available in that Member State without a medical prescription and were purchased in a pharmacy in another Member State constitute a restriction of intra-Community trade not justified by the protection of public health and are therefore incompatible with Articles 30 and 36 of the Treaty . The purchase of a medicinal preparation in a pharmacy in another Member State provides a guarantee equivalent to that which arises from the fact that the medicinal preparation is sold by a pharmacy in the Member State into which the medicinal preparation is imported by a private individual, particularly since the conditions for access to the profession of pharmacist and the conditions for the exercise of that profession are the subject of Community directives .