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Document 62013CN0358

Case C-358/13: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 27 June 2013 — Criminal proceedings against Markus D.

OJ C 325, 9.11.2013, p. 8–9 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
OJ C 325, 9.11.2013, p. 8–8 (HR)

9.11.2013   

EN

Official Journal of the European Union

C 325/8


Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 27 June 2013 — Criminal proceedings against Markus D.

(Case C-358/13)

2013/C 325/13

Language of the case: German

Referring court

Bundesgerichtshof

Party/parties to the main proceedings

Markus D.

Question referred

Is Article 1(2)(b) of Directive 2001/83/EC of 6 November 2001, (1) as amended by Directive 2004/27/EC of 31 March 2004, (2) 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 2011 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 on the Community code relating to medicinal products for human use (OJ 2004 L 136, p. 34).


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