Luxembourg, 27/05/2005 (Agence Europe) - The European Court of Justice has ruled against France because it has not shown that grounds of health protection require a prior authorisation procedure for the import of a homeopathic medicinal product lawfully placed on the market in the Member State exporting it, explains a Court of Justice press release. The Court agrees with the Commission which following a complaint by a Spanish homeopathic medicines manufacturer, examined the compatibility of the French authorisation procedure with Community law and took the view that it could obstruct the free movement of goods. In respect of medicinal products not authorised in France but authorised in the Member State where they were purchased, the Court held that the French regulations exempt from authorisation importation by means of personal transport, whereas the general rules on authorisations for commercial imports generally apply when the import is not effected by personal transport and the medicines in question were for patients' own use rather than sale in France.
Articles R 5142-12, R 5142-13 and R 5142-14 of the French Public Health Code in the version in force at the relevant time were amended by decree 2004-83, Official Journal No.22 of 27 January 2004.