Adriaan de Peijper, Managing Director of Centrafarm BV. [1976] EUECJ R-104/75 (20 May 1976)

Adriaan de Peijper, Managing Director of Centrafarm BV. [1976] EUECJ R-104/75 (20 May 1976)

National rules or practices that allow manufacturers or their representatives to monopolize importation and marketing of pharmaceuticals by refusing to provide necessary documents are unnecessarily restrictive and cannot be justified under Article 36 EEC Treaty unless it is clearly proven that less restrictive alternatives would be unreasonably burdensome for the administration.

Citation
[1976] EUECJ R-104/75
Parties
Accused/applicant: Adriaan de Peijper, Managing Director of Centrafarm BV; Prosecutor/respondent: Officier van Justitie for the District of Rotterdam
Jurisdiction
European Union
Judgment Date
20 May 1976
Procedural Posture
Preliminary Ruling (reference) / Judgment on Reference From Kantongerecht Rotterdam
Outcome
Preliminary ruling issued; national rules as described are unnecessarily restrictive and not justified under Article 36 unless no reasonable alternative exists.
Legal Topics
Quantitative Restrictions, Measures Having Equivalent Effect, Parallel Imports, Public Health Exceptions, Market Access, Pharmaceutical Regulation
European Union Law Competition Law Pharmaceutical Law Quantitative Restrictions Measures Having Equivalent Effect Parallel Imports Public Health Exceptions Market Access +1 more

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Parties

Adriaan de Peijper, Managing Director of Centrafarm BV

Accused/applicant

Officier van Justitie for the District of Rotterdam

Prosecutor/respondent

Procedural Posture

Preliminary Ruling (reference) / Judgment on Reference From Kantongerecht Rotterdam

Legal Issues

  1. 1 Whether national rules requiring importers to produce documents already held by authorities constitute measures equivalent to quantitative restrictions under Article 30 EEC Treaty
  2. 2 Whether such rules can be justified under Article 36 EEC Treaty on grounds of public health
  3. 3 Whether minor differences in pharmaceutical products can justify separate treatment for import authorization purposes

Ratio Decidendi

National rules or practices that allow manufacturers or their representatives to monopolize importation and marketing of pharmaceuticals by refusing to provide necessary documents are unnecessarily restrictive and cannot be justified under Article 36 EEC Treaty unless it is clearly proven that less restrictive alternatives would be unreasonably burdensome for the administration.

Court Disposition

Preliminary ruling issued; national rules as described are unnecessarily restrictive and not justified under Article 36 unless no reasonable alternative exists.

Orders

  • National rules or practices channeling imports to certain traders constitute measures equivalent to quantitative restrictions under Article 30 EEC Treaty.
  • Rules allowing manufacturers to monopolize importation by withholding documents are unnecessarily restrictive and not justified under Article 36 unless alternatives are unreasonably burdensome.