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Case C-319/05: Judgment of the Court (First Chamber) of 15 November 2007 — Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Articles 28 and 30 EC — Directive 2001/83/EC — Garlic preparation in capsule form — Preparation legally marketed as a food supplement in a number of Member States — Preparation classified as a medicinal product in the Member State of importation — Definition of medicinal product — Obstacle — Jurisdiction — Public health — Proportionality)
ECLI:EU:UNKNOWN:62005CA0319
62005CA0319
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Official Journal of the European Union
(Case C-319/05) (<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - Articles 28 and 30 EC - Directive 2001/83/EC - Garlic preparation in capsule form - Preparation legally marketed as a food supplement in a number of Member States - Preparation classified as a medicinal product in the Member State of importation - Definition of ‘medicinal product’ - Obstacle - Jurisdiction - Public health - Proportionality)
(2008/C 8/04)
Language of the case: German
Parties
Applicant: Commission of the European Communities (represented by: B. Stromsky and B. Schima, Agents)
Defendant: Federal Republic of Germany (represented by: M. Lumma and C. Schulze-Bahr, Agents)
Re:
Failure of a Member State to fulfil obligations — Infringement of Articles 28 and 30 EC — National administrative practice classifying a garlic preparation in capsule form as a medicinal product — Concept of medicinal product under Community rules
Operative part of the judgment
1)By classifying as a medicinal product a garlic preparation in capsule form not satisfying the definition of a medicinal product within the meaning of Article 1(2) of 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, the Federal Republic of Germany has failed to fulfil its obligations under Article 28 EC and Article 30 EC;
2)The Federal Republic of Germany is ordered to pay the costs.
* * *
(<span class="super">1</span>) OJ C 257, 15.10.2005.