Odbor kompatibility s právem ES
Úřad vlády ČR
I S A P
Informační Systém pro Aproximaci Práva
Databáze č. 17 : Databáze judikatury
ă Odbor kompatibility s právem ES, Úřad vlády ČR - určeno pouze pro potřebu ministerstev a ostatních ústředních orgánů

Číslo (Kód CELEX):
Number (CELEX Code):		61990J0062
Název:
Title: 		JUDGMENT OF THE COURT OF 8 APRIL 1992. COMMISSION OF THE EUROPEAN COMMUNITIES V FEDERAL REPUBLIC OF GERMANY. FREE MOVEMENT OF GOODS - DEROGATIONS - PROTECTION OF PUBLIC HEALTH - IMPORTATION OFF MEDICINAL PRODUCTS BY INDIVIDUALS - LIMITS. CASE C-62/90.
Publikace:
Publication:		REPORTS OF CASES 1992 PAGES I-2575
Předmět (klíčová slova):
Keywords		FREE MOVEMENT OF GOODS;QUANTITATIVE RESTRICTIONS;MEASURES HAVING EQUIVALENT EFFECT;
Související předpisy:
Corresponding acts:		157E030
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. A MEMBER STATE IS IN BREACH OF ITS OBLIGATIONS UNDER ARTICLE 30 ET SEQ. OF THE TREATY IN PROHIBITING PRIVATE INDIVIDUALS FROM IMPORTING, EVEN IN QUANTITIES NOT EXCEEDING NORMAL PERSONAL NEEDS, MEDICINAL PRODUCTS AVAILABLE ONLY ON PRESCRIPTION IN THE IMPORTING MEMBER STATE WHICH HAVE BEEN PRESCRIBED BY A DOCTOR AND PURCHASED IN A PHARMACY IN ANOTHER MEMBER STATE. SUCH A PROHIBITION CANNOT BE JUSTIFIED ON GROUNDS OF THE PROTECTION OF HUMAN HEALTH AND LIFE; THE PRESCRIPTION OF A MEDICINAL PRODUCT BY A DOCTOR AND ITS PURCHASE IN A PHARMACY IN ANOTHER MEMBER STATE MUST BE REGARDED AS OFFERING GUARANTEES EQUIVALENT TO THOSE RESULTING FROM PRESCRIPTION OF THE MEDICINAL PRODUCT BY A DOCTOR AND ITS SALE BY A PHARMACY IN THE MEMBER STATE INTO WHICH THE MEDICINAL PRODUCT IS IMPORTED BY A PRIVATE INDIVIDUAL, SINCE THE CONDITIONS GOVERNING ACCESS TO AND THE EXERCISE OF THE PROFESSIONS OF DOCTOR AND PHARMACIST HAVE BEEN THE SUBJECT OF COMMUNITY DIRECTIVES.

2. WHERE A MEMBER STATE RELIES ON THE PROVISIONS IN THE TREATY IN ORDER TO JUSTIFY NATIONAL RULES WHICH ARE LIKELY TO OBSTRUCT THE EXERCISE OF A FREEDOM GUARANTEED BY THE TREATY, SUCH JUSTIFICATION, PROVIDED FOR BY COMMUNITY LAW, IS TO BE INTERPRETED IN THE LIGHT OF THE GENERAL PRINCIPLES OF LAW AND IN PARTICULAR OF FUNDAMENTAL RIGHTS, AMONG WHICH FEATURE THE RIGHT TO RESPECT FOR PRIVATE LIFE AND, AS ONE OF ITS ASPECTS, THE RIGHT TO THE PROTECTION OF MEDICAL CONFIDENTIALITY. THOSE RIGHTS DO NOT, HOWEVER, CONSTITUTE UNFETTERED PREROGATIVES AND MAY BE RESTRICTED, PROVIDED THAT THE RESTRICTIONS IN FACT CORRESPOND TO OBJECTIVES OF GENERAL INTEREST PURSUED BY THE COMMUNITY AND THAT THEY DO NOT CONSTITUTE, WITH REGARD TO THE OBJECTIVES PURSUED, A DISPROPORTIONATE AND INTOLERABLE INTERFERENCE WHICH INFRINGES UPON THE VERY SUBSTANCE OF THE RIGHTS GUARANTEED. OBJECTIVES WHICH MAY JUSTIFY SUCH RESTRICTIONS INCLUDE THE PROTECTION OF PUBLIC HEALTH AND HUMAN LIFE. IT IS THEREFORE PERMISSIBLE FOR A MEMBER STATE TO CONTROL,
FOR THE PURPOSES OF PROTECTING PUBLIC HEALTH, THE IMPORTATION BY PRIVATE INDIVIDUALS OF MEDICINAL PRODUCTS WHICH ARE SUPPLIED ONLY ON PRESCRIPTION IN ITS TERRITORY, PROVIDED THOSE CONTROLS ARE CARRIED OUT IN SUCH A WAY AS TO MEET THE REQUIREMENTS ARISING FROM THE PROTECTION OF FUNDAMENTAL RIGHTS.

Plný text judikátu (Entire text of the Judgment):