29.3.2016

Official Journal of the European Union

C 111/6

(Case C-700/15)

(2016/C 111/08)

Language of the case: Slovenian

Referring court

Parties to the main proceedings

Applicant: LEK Farmacevtska Družba d.d.

Respondent: Republic of Slovenia

Questions referred

1.May the provisions of Chapter 30 of the CN be interpreted as meaning that a product, whose main component is an active ingredient (probiotic bacteria) contained in food supplements classified under tariff heading 2106 90 98 CN, is not to be classified in that chapter?

2.For a product to be classified in Chapter 30 of the CN, is it sufficient that the manufacturer presents that product, which contains an active ingredient having beneficial effects on health in general which is often found in food supplements, as a medicinal product, and markets and sells it as such?

3.In the light of the evolution of EU law regulating the market for medicinal products, must the concept of ‘clearly defined therapeutic or prophylactic characteristics’ which, according to the settled case-law of the Court of Justice of the European Union, is a condition for classification in Chapter 30, be interpreted as corresponding to the definition of medicinal product within the meaning of the provisions of EU law relating to medicinal products for human use?