12.9.2009

Official Journal of the European Union

C 220/22

(Case C-249/09)

2009/C 220/44

Language of the case: Estonian

Referring court

Parties to the main proceedings

Applicant: Novo Nordisk AS

Defendant: Ravimiamet

Questions referred

1.Must Article 87(2) of Directive 2001/83/EC (1) of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (as amended and supplemented) be interpreted as extending also to quotations taken from medical journals or other scientific works which are included in advertisements for medicinal products directed to persons qualified to prescribe medicines?

2.Must Article 87(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 (as amended and supplemented) be interpreted as prohibiting the publication in advertisements for medicinal products of claims which conflict with the summary of product characteristics, but not requiring that all the claims in advertisements for medicinal products must be included in the summary of product characteristics or be derivable from information in the summary?

(1) OJ 2001 L 311, p. 67.