26.1.2008 |
EN |
Official Journal of the European Union |
C 22/36 |
Reference for a preliminary ruling from High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) (United Kingdom) made on 28 November 2007 — Generics (UK) Ltd, Regina v Licensing Authority (acting via the Medicines and Healthcare products Regulatory Agency)
(Case C-527/07)
(2008/C 22/64)
Language of the case: English
Referring court
High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court)
Parties to the main proceedings
Applicant: Generics (UK) Ltd, Regina
Defendant: Licensing Authority (acting via the Medicines and Healthcare products Regulatory Agency)
Questions referred
(1) |
Where a medicinal product falling outside the scope of the Annex to Regulation 2309/93 (1) has been placed on the market in a Member State, (Austria) under its national authorisation procedure prior to the accession of that Member State to the EEA or the EC and:
is the medicinal product to be considered to be ‘a reference medicinal product which is or has been authorised under Article 6 … in a Member State’ within the meaning of Article 10(1) of Directive 2001/83, and if so which of the above conditions is/are decisive in this respect? |
(2) |
In circumstances where the competent authority of a reference Member State erroneously refuses an application for a marketing authorisation made under Article 10(1) of Directive 2001/83 in the context of the decentralised procedure provided for in that Directive, on the ground that the medicinal product referred to in Question 1 above was not a ‘reference medicinal product’ within the meaning of Article 10(1), what guidance, if any, does the Court of Justice think it appropriate to provide as to which circumstances the national court ought to take into consideration when it comes to determine whether the breach of Community law is a sufficiently serious breach within the meaning of the judgment in Brasserie du Pecheur and Factortame? |
(1) OJ L 214 p. 1.
(2) OJ L 311 p. 67.