Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 3 January 2014 — Criminal proceedings against Thi Bich Ngoc Nguyen and Nadine Schönherr

(Case C-2/14)

(2014/C 71/20)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Thi Bich Ngoc Nguyen

Nadine Schönherr

Other party to the proceedings: Generalbundesanwalt beim Bundesgerichtshof

Question referred

Are medicinal products, as defined in 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, (1) which contain ‘scheduled substances’ listed in Regulations (EC) No 273/2004 (2) and (EC) No 111/2005 (3) always excluded from the scope of those regulations in accordance with Article 2(a) of those regulations, or is that to be presumed only where the medicinal products are compounded in such a way that the scheduled substances cannot for the purposes of those regulations be easily used or extracted by readily applicable or economically viable means?

(1)  OJ 2001 L 311, p. 67.

(2)  Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors (OJ 2004 L 47, p. 1).

(3)  Council Regulation (EC) No 111/2005 of 22 December 2004 laying down rules for the monitoring of trade between the Community and third countries in drug precursors (OJ 2005 L 22, p. 1).