Keywords
Summary

Keywords

1 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PROHIBITION - LIMITS - POWERS OF THE MEMBER STATES REGARDING ORGANIZATION OF THEIR SOCIAL SECURITY SYSTEMS

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - COMPULSORY NATIONAL HEALTH-CARE INSURANCE SCHEME - REFUSAL OF REIMBURSEMENT FOR CERTAIN MEDICINAL PREPARATIONS - PERMISSIBILITY - CONDITIONS

( EEC TREATY , ART . 30 )

3 . FREE MOVEMENT OF GOODS - DEROGATIONS - ARTICLE 36 OF THE TREATY - SCOPE - MEASURE ADOPTED FOR BUDGETARY PURPOSE - EXCLUSION

( EEC TREATY , ART . 36 )

4 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS ON EXPORTS - MEASURES HAVING EQUIVALENT EFFECT - CONCEPT

( EEC TREATY , ART . 34 )

5 . APPROXIMATION OF LAWS - PROPRIETARY MEDICINAL PRODUCTS - COMPULSORY NATIONAL HEALTH-CARE INSURANCE SCHEME - REFUSAL OF REIMBURSEMENT FOR CERTAIN MEDICINAL PREPARATIONS - PERMISSIBILITY

( EEC TREATY , ART . 5 ; COUNCIL DIRECTIVES 65/65 AND 75/319 )

Summary

1 . COMMUNITY LAW DOES NOT DETRACT FROM THE POWERS OF MEMBER STATES TO ORGANIZE THEIR SOCIAL SECURITY SYSTEMS AND TO ADOPT , IN PARTICULAR , PROVISIONS INTENDED TO GOVERN THE CONSUMPTION OF PHARMACEUTICAL PREPARATIONS IN ORDER TO PROMOTE THE FINANCIAL STABILITY OF THEIR HEALTH-CARE INSURANCE SCHEMES .

2 . PROVISIONS ADOPTED WITHIN THE FRAMEWORK OF A COMPULSORY NATIONAL HEALTH-CARE SCHEME WITH THE OBJECT OF REFUSING INSURED PERSONS THE RIGHT TO BE SUPPLIED , AT THE EXPENSE OF THE INSURANCE INSTITUTION , WITH SPECIFICALLY NAMED MEDICINAL PREPARATIONS ARE COMPATIBLE WITH ARTICLE 30 OF THE TREATY IF THE DETERMINATION OF THE EXCLUDED MEDICINAL PREPARATIONS INVOLVES NO DISCRIMINATION REGARDING THE ORIGIN OF THE PRODUCTS AND IS CARRIED OUT ON THE BASIS OF OBJECTIVE AND VERIFIABLE CRITERIA , SUCH AS THE EXISTENCE ON THE MARKET OF OTHER , LESS EXPENSIVE PRODUCTS HAVING THE SAME THERAPEUTIC EFFECT , THE FACT THAT THE PREPARATIONS IN QUESTION ARE FREELY MARKETED WITHOUT THE NEED FOR ANY MEDICAL PRESCRIPTION , OR ARE PRODUCTS EXCLUDED FROM REIMBURSEMENT FOR REASONS OF A PHARMACO-THERAPEUTIC NATURE JUSTIFIED BY THE PROTECTION OF PUBLIC HEALTH , AND PROVIDED THAT IT IS POSSIBLE TO AMEND THE LISTS WHENEVER COMPLIANCE WITH THE SPECIFIED CRITERIA SO REQUIRES .

3 . ARTICLE 36 OF THE TREATY RELATES TO MEASURES OF A NON-ECONOMIC NATURE . THAT PROVISION CANNOT THEREFORE JUSTIFY A MEASURE WHOSE PRIMARY OBJECTIVE IS BUDGETARY , INASMUCH AS IT IS INTENDED TO REDUCE THE OPERATING COSTS OF A SICKNESS INSURANCE SCHEME .

4 . ARTICLE 34 OF THE TREATY CONCERNS NATIONAL MEASURES WHICH HAVE AS THEIR SPECIFIC OBJECT OR EFFECT THE RESTRICTION OF PATTERNS OF EXPORTS AND THEREBY THE ESTABLISHMENT OF A DIFFERENCE IN TREATMENT BETWEEN THE DOMESTIC TRADE OF A MEMBER STATE AND ITS EXPORT TRADE IN SUCH A WAY AS TO PROVIDE A PARTICULAR ADVANTAGE FOR NATIONAL PRODUCTION OR FOR THE DOMESTIC MARKET OF THE STATE IN QUESTION .

5 . ARTICLE 5 OF THE TREATY AND DIRECTIVES 65/65 AND 75/319 REGARDING PROPRIETARY MEDICINAL PRODUCTS DO NOT PRECLUDE PROVISIONS ADOPTED WITHIN THE FRAMEWORK OF A COMPULSORY NATIONAL HEALTH-CARE INSURANCE SCHEME WITH THE OBJECT OF DENYING INSURED PERSONS THE RIGHT TO BE SUPPLIED , AT THE EXPENSE OF THE INSURANCE INSTITUTION , WITH SPECIFICALLY NAMED MEDICINAL PREPARATIONS . THE SYSTEM IN QUESTION DOES NOT CONCERN ACCESS TO THE MARKET WITHIN THE MEANING OF THE TWO DIRECTIVES CITED , SINCE THE VALIDITY OF THE AUTHORIZATIONS GRANTED BY APPLICATION OF THOSE DIRECTIVES IS NOT CALLED IN QUESTION .