Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 25 January 2008 — BIOS Naturprodukte GmbH v Saarland

(Case C-27/08)

(2008/C 92/24)

Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Applicant: BIOS Naturprodukte GmbH

Defendant: Saarland

Question referred

Is the definition of medicinal product in Article 1(2) of Directive 2001/83/EC (1) in the version in Directive 2004/27/EC (2) to be interpreted to the effect that a product intended for human consumption and described as a food supplement is a functional medicinal product if it contains substances which pose a risk to health in the low dose contained in the product when the recommended intake printed on the packaging is observed, without being capable of producing therapeutic effects, but have therapeutic effects in high doses?

(1)  OJ L 311, p. 67.

(2)  OJ L 136, p. 34.