Communication: new case No. 0606 of 2021

IDENTIFIER
62021CN0606
LANGUAGE
English
COURT
Court of Justice of the European Union
AG OPINION
NO
REQUEST DATE
REFERENCES MADE
0
REFERENCED
0
DOCUMENT TYPE
Communication: new case

Judgment



20.12.2021   

EN

Official Journal of the European Union

C 513/23


Request for a preliminary ruling from the Cour d’appel de Paris (France) lodged on 30 September 2021 — Doctipharma SAS v Union des Groupements de pharmaciens d’officine (UDGPO), Pictime SAS operating under the name ‘Coreyre’

(Case C-606/21)

(2021/C 513/33)

Language of the case: French

Referring court

Cour d’appel de Paris

Parties to the main proceedings

Applicant: Doctipharma SAS

Defendants: Union des Groupements de pharmaciens d’officine (UDGPO), Pictime SAS operating under the name ‘Coreyre’

Questions referred

Is Doctipharma’s activity which is conducted on and from its website www.doctipharma.fr, to be regarded as an ‘information society service’ within the meaning of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998? (1)

If so, does Doctipharma’s activity, which is conducted on and from its website www.doctipharma.fr, fall within the scope of Article 85c of the European Directive of 6 November 2011, (2) as amended by the Directive of 8 June 2011?

Is Article 85c of the Directive of 6 November 2001, as amended by the Directive of 8 June 2011, to be interpreted as meaning that the prohibition, based on an interpretation of Articles L. 5125-25 and L. 5125-26 of the Public Health Code, of Doctipharma’s activity, which is conducted on and from its website www.doctipharma.fr, constitutes a restriction justified by public health protection?

If not, is Article 85c of the Directive of 6 November 2011, as amended by the Directive of 8 June 2011, to be interpreted as meaning that it allows Doctipharma’s activity, which is conducted on and from its website www.doctipharma.fr?

In that situation, is the prohibition of Doctipharma’s activity, based on the interpretation by the Cour de cassation (Court of Cassation) of Articles L. 5125-25 and L. 5125-26 of the Public Health Code, justified by public health protection within the meaning of Article 85c of the Directive of 6 November 2001, as amended by the Directive of 8 June 2011?

If not, is Article 85c of the Directive of 6 November 2001, as amended by the Directive of 8 June 2011, to be interpreted as allowing the activity of an ‘information society service’ offered by Doctipharma?


(1)  Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (OJ 1998 L 204, p. 37).

(2)  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 (OJ 2001 L 311, p. 67).



Citations

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