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Case C-604/24, Pharmakeio YZ & Sia: Request for a preliminary ruling from the Symvoulio tis Epikrateias (Greece) lodged on 16 September 2024 – PHARMAKEIO YZ & SIA O.E. v Ypourgos Anaptyxis kai Ependyseon, Ypourgos Ygeias
ECLI:EU:UNKNOWN:62024CN0604
62024CN0604
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Official Journal of the European Union
C series
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C/2025/704
10.2.2025
(Case C-604/24, Pharmakeio YZ & Sia)
(C/2025/704)
Language of the case: Greek
Referring court
Parties to the main proceedings
Applicant: Pharmakeio YZ & Sia O.E.
Defendants: Ypourgos Anaptyxis kai Ependyseon, Ypourgos Ygeias
Intervener: Panellinios Pharmakevtikos Syllogos
Questions referred
(a)Must Article 85c(1) of Directive 2001/83/ΕC (1) be interpreted as precluding a national provision which permits the sale at a distance to the public by means of information society services, by electronic pharmacy establishments, not of all non-prescription medicinal products, but of one sub-category only thereof (in the present case, generic medicinal products)?
(b)Or, on the contrary, does Article 85c(2) of Directive 2001/83/ΕC permit the national legislature to prohibit sales at a distance to the public by means of information society services, by electronic pharmacy establishments, of certain medicinal products not subject to medical prescription, on grounds of public health protection?
(c)If the answer to question (b) is in the affirmative, are the grounds relied on in the present case by the Greek state and the Panhellenic Pharmaceutical Association to justify the restriction in question (combating overmedication and the trafficking of counterfeit or inappropriate medicinal products, and so forth) grounds of public health protection within the meaning of Article 85c(2) of Directive 2001/83/ΕC?
(d)If the answer to question (c) is in the affirmative, is the national court to review the proportionality of the restrictive measure by carrying out negative screening, that is to say, is it to assess only whether the restriction appears to be manifestly inappropriate or manifestly unnecessary, or, conversely, is the court to carry out positive screening, that is to say, is it to assess whether the restriction appears to be an appropriate and strictly necessary measure for public health protection?
Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ 2001 L 311, p. 67).
ELI: http://data.europa.eu/eli/C/2025/704/oj
ISSN 1977-091X (electronic edition)
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