7.1.2019

EN

Official Journal of the European Union

C 4/15

(Case C-649/18)

(2019/C 4/20)

Language of the case: French

Referring court

Parties to the main proceedings

Appellant: A

Respondents: Daniel B, UD, AFP, B, L

Questions referred

The Court of Justice must rule on the question of whether EU law, in particular;

Article 34 TFEU,

Article 85c of European 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), (1)

the internal-market clause in Article 3 of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services for electronic commerce, (2)

allows a Member State of the European Union to impose, within its territory, specific rules on pharmacists who are nationals of another EU Member State operating in its territory concerning:

the prohibition of soliciting clients through procedures and methods which are regarded as being contrary to the dignity of the profession, pursuant to the present version of Article R 4235 22 of the French Public Health Code;

the prohibition of inciting patients to misuse medicinal products, pursuant to the present version of Article R 4235 64 of the French Public Health Code;

the obligation to observe good practices, as defined by the public authorities of the Member State, in the distribution of medicinal products, which also requires that a health questionnaire be included when medicinal products are ordered online and which prohibits the use of paid referencing pursuant to the present version of the Decree of 28 November 2016 of the (French) Minister for Social Affairs and Health.

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

(2) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ 2000 L 178, p. 1).