12.3.2011   

EN

Official Journal of the European Union

C 80/14


Reference for a preliminary ruling from the Tribunale di Palermo (Italy) lodged on 5 January 2011 — Public Prosecutor v Fabio Caronna

(Case C-7/11)

2011/C 80/26

Language of the case: Italian

Referring court

Tribunale di Palermo

Parties to the main proceedings

Fabio Caronna

Questions referred

1.

Is Article 77(2) of Directive 2001/83/EC (1) of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use to be construed as meaning that pharmacists are included among the persons who must obtain authorisation for the wholesale distribution of medicinal products or was it the Community legislature’s intention, instead, to exempt pharmacists from the requirement to apply for that authorisation, as would appear to be suggested by a reading of recital 36 in the preamble to the directive? It is appropriate to set out the arguments put forward by the suspect’s lawyer in support of the latter interpretation.

2.

In more general terms, what is the correct interpretation to be given to the rules governing authorisation to distribute medicinal products laid down by Article 76 to 84 of the Directive, with particular reference to the requirements to be met in order for a pharmacist (that is, a natural person, not a company) who, by virtue of that status, is already authorised to retail medicinal products under national law, also to be able to distribute medicinal products?


(1)  OJ 2001 L 311, p. 67.