VIPA (Opinion) French Text [2019] EUECJ C-222/18_O (12 June 2019)

VIPA (Opinion) French Text [2019] EUECJ C-222/18_O (12 June 2019)

Directive 2011/24/EU requires recognition only of prescriptions designating a named patient for personalized treatment; non-nominative 'bons de commande' do not fall within its scope. National rules restricting supply of prescription medicines based on non-nominative orders from foreign doctors are justified under...

Source-derived case information.

Citation
[2019] EUECJ C-222/18_O
Parties
Applicant: VIPA Kereskedelmi és Szolgáltató Kft.; Respondent: Országos Gyógyszerészeti és Élelmezés-egészségügyi Intézet
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Opinion of Advocate General
Outcome
Opinion proposes that the Court answer the preliminary question as follows: Directive 2011/24/EU only covers nominative prescriptions for named patients; national rules restricting supply based on non-nominative orders from foreign doctors are compatible with EU law if justified for public health and supply control.
Legal Topics
Free Movement of Goods, Recognition of Medical Prescriptions, Prescription Medicines, Public Health Protection, Directive Interpretation
European Union Law Pharmaceutical Law Health Law Free Movement of Goods Recognition of Medical Prescriptions Prescription Medicines Public Health Protection Directive Interpretation

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

VIPA Kereskedelmi és Szolgáltató Kft.

Applicant

Országos Gyógyszerészeti és Élelmezés-egészségügyi Intézet

Respondent

Procedural Posture

Preliminary Reference / Opinion of Advocate General

  1. 1 Does Directive 2011/24/EU require recognition of non-nominative 'bons de commande' as prescriptions for cross-border supply of medicines?
  2. 2 Is a national rule restricting supply of prescription medicines to non-nominative orders from foreign doctors compatible with EU law on free movement of goods and services?

Ratio Decidendi

Directive 2011/24/EU requires recognition only of prescriptions designating a named patient for personalized treatment; non-nominative 'bons de commande' do not fall within its scope. National rules restricting supply of prescription medicines based on non-nominative orders from foreign doctors are justified under EU law for public health protection and supply control, and are proportionate to those aims.

Court Disposition

Opinion proposes that the Court answer the preliminary question as follows: Directive 2011/24/EU only covers nominative prescriptions for named patients; national rules restricting supply based on non-nominative orders from foreign doctors are compatible with EU law if justified for public health and supply control.

Orders

  • Directive 2011/24/EU interpreted as covering only nominative prescriptions.
  • Articles 34 and 36 TFEU interpreted as permitting national restrictions on supply of prescription medicines based on non-nominative orders from foreign doctors if justified for public health and supply control.