VIPA (Approximation of laws) French Text [2019] EUECJ C-222/18 (18 September 2019)

VIPA (Approximation of laws) French Text [2019] EUECJ C-222/18 (18 September 2019)

Order forms for prescription medicines that do not include the patient's name do not fall under the obligation of recognition of prescriptions established by Directive 2011/24/EU. National rules prohibiting pharmacies from dispensing medicines based on such forms are justified if they aim to protect public health...

Source-derived case information.

Citation
[2019] EUECJ C-222/18
Parties
Applicant: VIPA Kereskedelmi és Szolgáltató Kft.; Respondent: Országos Gyógyszerészeti és Élelmezés-egészségügyi Intézet
Jurisdiction
European Union
Procedural Posture
Preliminary Ruling / Judgment
Outcome
The Court held that Member States may prohibit pharmacies from dispensing prescription medicines based on order forms from another Member State that do not include the patient's name, provided the measure is justified, proportionate, and aims to protect public health.
Legal Topics
Cross Border Healthcare, Recognition of Prescriptions, Free Movement of Goods, Public Health Protection, Pharmaceutical Distribution
European Union Law Health Law Pharmaceutical Law Cross Border Healthcare Recognition of Prescriptions Free Movement of Goods Public Health Protection Pharmaceutical Distribution

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Parties

VIPA Kereskedelmi és Szolgáltató Kft.

Applicant

Országos Gyógyszerészeti és Élelmezés-egészségügyi Intézet

Respondent

Procedural Posture

Preliminary Ruling / Judgment

  1. 1 Does the obligation to recognize prescriptions from another Member State under Directive 2011/24/EU apply to order forms that do not include the patient's name?
  2. 2 Is a national rule prohibiting pharmacies from dispensing prescription medicines based on such order forms compatible with EU law on free movement of goods?

Ratio Decidendi

Order forms for prescription medicines that do not include the patient's name do not fall under the obligation of recognition of prescriptions established by Directive 2011/24/EU. National rules prohibiting pharmacies from dispensing medicines based on such forms are justified if they aim to protect public health and ensure stable supply, provided they are proportionate.

Court Disposition

The Court held that Member States may prohibit pharmacies from dispensing prescription medicines based on order forms from another Member State that do not include the patient's name, provided the measure is justified, proportionate, and aims to protect public health.

Orders

  • It is for the referring court to verify whether the national measure is proportionate and does not go beyond what is necessary to achieve the objective of public health protection.