Keywords
Summary

Keywords

1 . FREE MOVEMENT OF GOODS - EXCEPTIONS - PROTECTION OF PUBLIC HEALTH - POWERS OF THE MEMBER STATES - LIMITS

( EEC TREATY , ART . 36 )

2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - MEDICINAL PRODUCTS - RESTRICTIONS ON THE SUPPLY OF PHARMACIES BY AN IMPORTER ESTABLISHED IN ANOTHER MEMBER STATE - NOT PERMISSIBLE - CONDITIONS - JUSTIFICATION - PROTECTION OF PUBLIC HEALTH - ABSENCE

( EEC TREATY , ARTS 30 AND 36 )

Summary

1 . IN THE ABSENCE OF A SUFFICIENT DEGREE OF HARMONIZATION AT COMMUNITY LEVEL , EVERY MEMBER STATE IS ENTITLED TO ADOPT APPROPRIATE MEASURES IN ORDER TO ENSURE THE PROTECTION OF PUBLIC HEALTH ON ITS TERRITORY . HOWEVER , SUCH MEASURES ARE JUSTIFIED ONLY IF IT CAN BE SHOWN THAT THEY ARE NECESSARY FOR THE ATTAINMENT OF THAT OBJECTIVE , REFERRED TO IN ARTICLE 36 OF THE TREATY , AND THAT SUCH OBJECTIVE CANNOT BE ATTAINED BY MEASURES WHICH ARE LESS RESTRICTIVE OF INTRA-COMMUNITY TRADE .

2 . THE IMPOSITION BY THE AUTHORITIES OF A MEMBER STATE ON AN IMPORTER OF MEDICINAL PRODUCTS , WHOSE HEADQUARTERS ARE SITUATED IN ANOTHER MEMBER STATE AND WHO WISHES TO SUPPLY DIRECTLY PHARMACIES IN THE FIRST MEMBER STATE , OF A REQUIREMENT TO HAVE AT HIS DISPOSAL ON ITS TERRITORY PREMISES FOR STORAGE AND TECHNICAL EQUIPMENT WHEN THE IMPORTER COMPLIES WITH THE CONDITIONS LAID DOWN IN THAT REGARD BY THE LAW OF THE MEMBER STATE IN WHICH HIS HEADQUARTERS ARE SITUATED CONSTITUTES A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION ON IMPORTS PROHIBITED BY ARTICLE 30 OF THE TREATY AND IS NOT JUSTIFIED ON THE GROUND OF THE PROTECTION OF PUBLIC HEALTH WITHIN THE MEANING OF ARTICLE 36 .