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Case C-421/09: Judgment of the Court (First Chamber) of 9 December 2010 (reference for a preliminary ruling from the Landesgericht für Zivilrechtssachen Wien — Austria) — Humanplasma GmbH v Republik Österreich (Articles 28 EC and 30 EC — National rules prohibiting the importation of blood products provided from donations which were not entirely unpaid)
ECLI:EU:UNKNOWN:62009CA0421
62009CA0421
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19.2.2011
Official Journal of the European Union
C 55/13
(Case C-421/09)(1)
(Articles 28 EC and 30 EC - National rules prohibiting the importation of blood products provided from donations which were not entirely unpaid)
2011/C 55/22
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Humanplasma GmbH
Defendant: Republik Österreich
Re:
Reference for a preliminary ruling — Landesgericht für Zivilrechtssachen Wien — Interpretation of Articles 28 EC and 30 EC — Compatibility with those provisions of national legislation prohibiting the importation of human blood where payment was made for the blood donation
Operative part of the judgment
Article 28 EC, read in conjunction with Article 30 EC, must be interpreted as precluding national legislation which provides that the importation of blood or blood components from another Member State is permitted only on the condition, which is also applicable to national products, that the donations of blood on which those products are based were made not only without any payment being made to the donors but also without any reimbursement of the costs incurred by them in connection with those donations.
(1)
OJ C 24, 30.1.2010.
* * *
Language of the case: German.