Criminal proceedings against Jean Monteil and Daniel Samanni. (Approximation of laws) [1991] EUECJ C-60/89 (21 March 1991)

Criminal proceedings against Jean Monteil and Daniel Samanni. (Approximation of laws) [1991] EUECJ C-60/89 (21 March 1991)

Eosin 2% and modified alcohol 70% are medicinal products under Directive 65/65/EEC when presented for treating or preventing disease; Member States may reserve their sale to pharmacists, but such monopoly must be justified and not disproportionate, respecting Treaty provisions on free movement of goods.

Citation
[1991] EUECJ C-60/89
Parties
Defendant: Daniel Samanni; Defendant: Jean Monteil; Civil Party: Syndicat des Pharmaciens des Bouches-du-Rhône
Jurisdiction
European Union
Judgment Date
21 March 1991
Procedural Posture
Criminal Proceedings / Preliminary Ruling Referred by Cour D'appel, Aix En Provence
Outcome
Preliminary ruling issued; national court to apply findings.
Legal Topics
Definition of Medicinal Product, Pharmacists' Monopoly, Free Movement of Goods, Classification of Products, Public Health Protection
European Union Law Pharmaceutical Law Criminal Law Definition of Medicinal Product Pharmacists' Monopoly Free Movement of Goods Classification of Products Public Health Protection

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Parties

Daniel Samanni

Defendant

Jean Monteil

Defendant

Syndicat des Pharmaciens des Bouches-du-Rhône

Civil Party

Procedural Posture

Criminal Proceedings / Preliminary Ruling Referred by Cour D'appel, Aix En Provence

Legal Issues

  1. 1 Whether eosin 2% and modified alcohol 70% are medicinal products under Community law
  2. 2 Extent to which Member States may reserve sale of medicinal products to pharmacists

Ratio Decidendi

Eosin 2% and modified alcohol 70% are medicinal products under Directive 65/65/EEC when presented for treating or preventing disease; Member States may reserve their sale to pharmacists, but such monopoly must be justified and not disproportionate, respecting Treaty provisions on free movement of goods.

Court Disposition

Preliminary ruling issued; national court to apply findings.

Orders

  • Eosin 2% and modified alcohol 70% are medicinal products under Directive 65/65/EEC when presented for treating or preventing disease.
  • Member States may reserve sale of medicinal products to pharmacists, subject to Treaty provisions.