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European Court of Justice

European Court of Justice European Journal of Health Law 11: 109-122, 2004. 109 © 2004 Koninklijke Brill N.V. Printed in the Netherlands SELECTED LEGISLATION AND JURISPRUDENCE EUROPEAN COURTS European Court of Justice * CJEC 2004/1 , Case C-322/00, Deutscher Apothekerverband eV/0800 Doc Morris NV DocMorris is a Dutch company that offers for sale at the internet (authorized) medicines for human use. These medicines can also be bought by consumers in other EU Member States. If a particular medicinal product is available only on prescription, the medicine is supplied only on production of the original prescrip- tion. This sales method of DocMorris was challenged before the German national court by Deutscher Apothekerverband. In its view German law did not allow the sales of medicine as offered by DocMorris. The German court decided to refer the matter to the ECJ for a preliminary ruling. In its decision of 11 December 2003, the ECJ first established that a national prohibition on the sale by mail order of medicinal products the sale of which is restricted in the Member State concerned, is a measures that restricts the free movement of goods, as protected by Article 28 EC. Such a restriction may only be justified to protect http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Health Law Brill

European Court of Justice

European Journal of Health Law , Volume 11 (1): 109 – Jan 1, 2004
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Publisher
Brill
Copyright
© 2004 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0929-0273
eISSN
1571-8093
DOI
10.1163/157180904323042407
Publisher site
See Article on Publisher Site

Abstract

European Journal of Health Law 11: 109-122, 2004. 109 © 2004 Koninklijke Brill N.V. Printed in the Netherlands SELECTED LEGISLATION AND JURISPRUDENCE EUROPEAN COURTS European Court of Justice * CJEC 2004/1 , Case C-322/00, Deutscher Apothekerverband eV/0800 Doc Morris NV DocMorris is a Dutch company that offers for sale at the internet (authorized) medicines for human use. These medicines can also be bought by consumers in other EU Member States. If a particular medicinal product is available only on prescription, the medicine is supplied only on production of the original prescrip- tion. This sales method of DocMorris was challenged before the German national court by Deutscher Apothekerverband. In its view German law did not allow the sales of medicine as offered by DocMorris. The German court decided to refer the matter to the ECJ for a preliminary ruling. In its decision of 11 December 2003, the ECJ first established that a national prohibition on the sale by mail order of medicinal products the sale of which is restricted in the Member State concerned, is a measures that restricts the free movement of goods, as protected by Article 28 EC. Such a restriction may only be justified to protect

Journal

European Journal of Health Law – Brill

Published: Jan 1, 2004

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