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Case C-448/06: Judgment of the Court (First Chamber) of 17 July 2008 (reference for a preliminary ruling from the Verwaltungsgericht Köln (Germany)) — cp-Pharma Handels GmbH v Bundesrepublik Deutschland (Reference for a preliminary ruling — Validity of Regulation (EC) No 1873/2003 — Veterinary medicinal product — Regulation (EEC) No 2377/90 — Maximum residue limits of veterinary medicinal products in foodstuffs of animal origin — Progesterone — Restrictions on use — Directive 96/22/EC)
ECLI:EU:UNKNOWN:62006CA0448
62006CA0448
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Official Journal of the European Union
(Case C-448/06) (<span class="super">1</span>)
(Reference for a preliminary ruling - Validity of Regulation (EC) No 1873/2003 - Veterinary medicinal product - Regulation (EEC) No 2377/90 - Maximum residue limits of veterinary medicinal products in foodstuffs of animal origin - Progesterone - Restrictions on use - Directive 96/22/EC)
(2008/C 223/11)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: cp-Pharma Handels GmbH
Defendant: Bundesrepublik Deutschland
Re:
Reference for a preliminary ruling — Verwaltungsgericht Köln — Validity of Commission Regulation (EC) No 1873/2003 of 24 October 2003 amending Annex II to Council Regulation (EEC) No 2377/90 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin (OJ 2003 L 275, p. 9) in so far as, by limiting the conditions of use of progesterone, as an active substance of veterinary medicinal products, to application via the intravaginal route alone, it excludes the possibility of administering that substance in the form of an intramuscular injection — Whether or not the Commission has power to make that limitation in the light of Articles 1(a) and 3 of Council Regulation (EEC) No 2377/90 of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin (OJ 1990 L 224, p. 1) in conjunction with Article 4(1) of Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of ß-agonists, and repealing Directives 81/602/EEC, 88/146/EEC and 88/299/EEC
Operative part of the judgment
Examination of the question referred has disclosed no factor of such a kind as to affect the validity of Commission Regulation (EC) No 1873/2003 of 24 October 2003 amending Annex II to Council Regulation (EEC) No 2377/90 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin.
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(<span class="super">1</span>) OJ C 326, 30.12.2006.