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Document 62007CA0141

Case C-141/07: Judgment of the Court (Fourth Chamber) of 11 September 2008 — Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Measures having equivalent effect to a quantitative restriction — Protection of public health — Justification — Pharmacies — Supply of medicinal products directly to hospitals — Proximity to the hospital concerned)

OJ C 285, 8.11.2008, p. 8–8 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

8.11.2008   

EN

Official Journal of the European Union

C 285/8


Judgment of the Court (Fourth Chamber) of 11 September 2008 — Commission of the European Communities v Federal Republic of Germany

(Case C-141/07) (1)

(Failure of a Member State to fulfil obligations - Measures having equivalent effect to a quantitative restriction - Protection of public health - Justification - Pharmacies - Supply of medicinal products directly to hospitals - Proximity to the hospital concerned)

(2008/C 285/11)

Language of the case: German

Parties

Applicant: Commission of the European Communities (represented by: B. Schima, acting as Agent)

Defendant: Federal Republic of Germany (represented by: M. Lumma and C. Schulze-Bahr, Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 28 EC and 30 EC — National rules stipulating requirements to be met by pharmacies in order to be permitted to supply pharmaceutical products directly to hospitals and capable of being met in practice only by pharmacies located in the vicinity of the hospital concerned

Operative part of the judgment

The Court:

1.

Dismisses the action;

2.

Orders the Commission of the European Communities to pay the costs.


(1)  OJ C 117, 26.5.2007.


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