Keywords
Summary

Keywords

Free movement of goods — Quantitative restrictions — Measures having equivalent effect — Medicinal products — Withdrawal of a parallel import licence solely because of the withdrawal of the reference marketing authorisation at the request of the holder — Not permissible — Justification — Protection of public health — Risk to the health of humans as a result of the continued existence of the medicinal product on the market of the Member State concerned — (Arts 28 EC and 30 EC)

Summary

Article 28 EC and Article 30 EC preclude national legislation under which the withdrawal, at the request of its holder, of a marketing authorisation of reference of itself entails the withdrawal of the parallel import licence granted for the medicinal product in question.

However, those provisions do not preclude restrictions on parallel imports of the medicinal product in question where there is in fact a risk to the health of humans as a result of the continued existence of that medicinal product on the market of the importing Member State.

see para. 34, operative part