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Case C-148/15: Request for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany) lodged on 30 March 2015 — Deutsche Parkinson Vereinigung e.V. v Zentrale zur Bekämpfung unlauteren Wettbewerbs e.V.
ECLI:EU:UNKNOWN:62015CN0148
62015CN0148
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29.6.2015
Official Journal of the European Union
C 213/15
(Case C-148/15)
(2015/C 213/24)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Deutsche Parkinson Vereinigung e.V.
Defendant: Zentrale zur Bekämpfung unlauteren Wettbewerbs e.V.
Questions referred
1.Must Article 34 TFEU be interpreted as meaning that a system of fixed prices laid down by national law applicable to prescription-only medicinal products constitutes a measure having equivalent effect within the meaning of Article 34 TFEU?
2.If the Court answers Question 1 in the affirmative: Is the system of fixed prices for prescription-only medicinal products justified under to Article 36 TFEU on grounds of the protection of health and life of humans if that system is the only means of ensuring a consistent supply of medicinal products to the population across the whole of Germany, in particular in rural areas?
3.If the Court also answers Question 2 in the affirmative: What is the degree of judicial scrutiny required when determining whether the condition mentioned in Question 2 is in fact satisfied?