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European Journal of Health Law 12: 307-309, 2005. 307 © 2005 Koninklijke Brill N.V. Printed in the Netherlands EUROPEAN COURT OF JUSTICE CJEC 2005/3, Case C-212/03, Commission/France The facts Under French law any medicinal product for which no marketing authorization had been issued, could only be imported into France after having required import authorization by the French Agency for the Safety of Health products. The author- ization requirement was also imposed on the importation of medicinal products by an individual other than by personal transport. Following a complaint, the Commission decided to examine the compatibility with Community law of the entire authorisation procedure for importation into France of medicinal products for personal use. The relevant provisions of the French Public Health Code, in the version in force at that time, provided: Article R 5142-12: Any medicinal product for which no marketing authorisation has been issued as referred to in Article L 601 or temporary authorisation for use as referred to in Article L 601-2(b) granted in respect of imported medicinal products … must, prior to importation into French customs territory, obtain an import authorisation from the director-general of the Agence française de sécurité sanitaire des produits de santé
European Journal of Health Law – Brill
Published: Jan 1, 2005
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