|
30.3.2015 |
EN |
Official Journal of the European Union |
C 107/11 |
Judgment of the Court (Fifth Chamber) of 5 February 2015 (requests for a preliminary ruling from the Bundesgerichtshof — Germany) — Criminal proceedings against Miguel M. (C-627/13), Thi Bich Ngoc Nguyen, Nadine Schönherr (C-2/14)
(Joined Cases C-627/13 and C-2/14) (1)
((Request for a preliminary ruling - Drug precursors - Monitoring of trade between the Member States - Regulation (EC) No 273/2004 - Monitoring of trade between the European Union and third countries - Regulation (EC) No 111/2005 - Trade in medicinal products containing ephedrine or pseudoephedrine - Definition of ‘scheduled substance’ - Composition - Exclusion of all medicinal products or only those containing scheduled substances and the composition of which does allow those substances to be readily extracted - Directive 2001/83/EC - Definition of ‘medicinal product’))
(2015/C 107/13)
Language of the case: German
Referring court
Bundesgerichtshof
Parties in the main proceedings
Miguel M. (C-627/13), Thi Bich Ngoc Nguyen, Nadine Schönherr (C-2/14)
Operative part of the judgment
Articles 2(a) of Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors and of Council Regulation (EC) No 111/2005 of 22 December 2004 laying down rules for the monitoring of trade between the Community and third countries in drug precursors respectively must be interpreted as meaning that a medicinal product as defined in Article 1(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 by Regulation (EC) No 1901/2006 of the European Parliament and of the Council of 12 December 2006, cannot be categorised as a ‘scheduled substance’ as such, even if it contains a substance referred to in Annex I to Regulation No 273/2004 and in the annex to Regulation No 111/2005 and can easily be used or extracted by readily applicable or economically viable means.