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1. Proceedings under Article 169 - Proof of infringement - Burden on Commission
(EEC Treaty, Art. 169)
2. Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Pricing rules - Legislation giving preference to national pharmaceutical products to the detriment of imported products - Not permissible
(EEC Treaty, Art. 30)
1. Where, in proceedings based on Article 169 of the Treaty, the Commission requests the Court to declare that a Member State has failed to fulfil its obligations under the Treaty, it is for the Commission itself to adduce evidence of the alleged infringement.
2. The introduction by a Member State in the pharmaceutical products sector of a system of programme contracts from which only national undertakings can benefit, and which, in return for commitments on investment, research, employment and exports, allows derogations to be granted from the general rules on price control and places the products that benefit from the system at an advantage as regards approval for reimbursement, constitutes an infringement of Article 30 of the Treaty. That system is such as to place imported products at a disadvantage and, therefore, constitutes a measure having an effect equivalent to a quantitative restriction prohibited by that provision.