Criminal proceedings against Leendert van Bennekom. [1983] EUECJ R-227/82 (30 November 1983)

Criminal proceedings against Leendert van Bennekom. [1983] EUECJ R-227/82 (30 November 1983)

Vitamin preparations not expressly indicated as medicinal may still be classified as 'medicinal products' under Directive 65/65/EEC if presented as such; classification based solely on concentration is insufficient and must be determined case by case. National laws prohibiting sale or stock of such products may be...

Source-derived case information.

Citation
[1983] EUECJ R-227/82
Parties
Accused: Leendert van Bennekom
Jurisdiction
European Union
Judgment Date
30 November 1983
Procedural Posture
Preliminary Ruling (reference) / Judgment on Reference for Preliminary Ruling
Outcome
Preliminary ruling issued; interpretation of Community law provided to national court.
Legal Topics
Definition of Medicinal Products, Free Movement of Goods, Public Health Protection, Interpretation of Directive 65/65/eec, Quantitative Restrictions
European Union Law Criminal Law Health Law Definition of Medicinal Products Free Movement of Goods Public Health Protection Interpretation of Directive 65/65/eec Quantitative Restrictions

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Summary, issues, holding and outcome

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Parties

Leendert van Bennekom

Accused

Procedural Posture

Preliminary Ruling (reference) / Judgment on Reference for Preliminary Ruling

Legal Issues

  1. 1 Whether vitamin preparations not expressly indicated as medicinal can be classified as 'medicinal products' under Directive 65/65/EEC
  2. 2 Criteria for classifying vitamins as medicinal products based on concentration and presentation
  3. 3 Compatibility of Dutch law with Community law regarding restrictions on sale of vitamins

Ratio Decidendi

Vitamin preparations not expressly indicated as medicinal may still be classified as 'medicinal products' under Directive 65/65/EEC if presented as such; classification based solely on concentration is insufficient and must be determined case by case. National laws prohibiting sale or stock of such products may be justified for public health but only if proportionate and marketing authorizations are granted when compatible with health protection.

Court Disposition

Preliminary ruling issued; interpretation of Community law provided to national court.

Orders

  • Substances such as the vitamin preparations at issue, not expressly indicated as medicinal, may still be 'presented for treating or preventing disease' under Directive 65/65/EEC.
  • A product not covered by either part of the Community definition of 'medicinal product' cannot be considered a medicinal product under the Directive.