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Case C-469/21: Request for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 29 July 2021 — Consejo General de Colegios Oficiales de Farmacéuticos de España v Administración General del Estado
ECLI:EU:UNKNOWN:62021CN0469
62021CN0469
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17.1.2022
Official Journal of the European Union
C 24/12
(Case C-469/21)
(2022/C 24/16)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Consejo General de Colegios Oficiales de Farmacéuticos de España
Defendant: Administración General del Estado
Questions referred
1.Is a national provision that creates a node (as a tool for use with the repository), which is owned and managed by the State Administration, compatible with Delegated Regulation (EU) 2016/[1]61, in particular Articles 25, 31, 32, 35, 36 and 44 thereof?
2.If the answer to the previous question is in the affirmative, is a national provision that requires pharmacies to use that node when they supply medicinal products financed by the National Health System compatible with Delegated Regulation (EU) 2016/[1]61, in particular Articles 25, 31, 32, 35, 36 and 44 thereof?
3.If the answer to the previous question is in the affirmative, is a national provision that provides that, where no agreement is reached between the State Administration and the entity managing the national repository in relation to integrating the node concerned into the repository, integration may be required, unilaterally and authoritatively, by ministerial order compatible with Delegated Regulation (EU) 2016/[1]61, in particular Articles 25, 31, 32, 35, 36 and 44 thereof?
Commission Delegated Regulation (EU) 2016/161 of 2 October 2015 supplementing Directive 2001/83/EC of the European Parliament and of the Council by laying down detailed rules for the safety features appearing on the packaging of medicinal products for human use (OJ 2016 L 32, p. 1).