Judgment of the Court (Second Chamber) of 2 April 2009 (reference for a preliminary ruling from the Vestre Landsret — Denmark)) — Criminal proceedings against Frede Damgaard

(Case C-421/07) (1)

(Medicinal products for human use - Directive 2001/83/EC - Concept of ‘advertising’ - Dissemination of information about a medicinal product by a third party acting on his own initiative)

2009/C 141/16

Language of the case: Danish

Referring court

Vestre Landsret

Party in the main proceedings

Frede Damgaard

Re:

Reference for a preliminary ruling — Vestre Landsret — Interpretation of Art. 86 of Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use (OJ 2001 L 311, p. 67) — Concept of advertising — Dissemination of information about a medicinal product by a third party acting on his own initiative and completely independently of the seller and the manufacturer

Operative part of the judgment

The Court:

Article 86 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 Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004, is to be interpreted as meaning that dissemination by a third party of information about a medicinal product, including its therapeutic or prophylactic properties, may be regarded as advertising within the meaning of that article, even though the third party in question is acting on his own initiative and completely independently, de jure and de facto, of the manufacturer and the seller of such a medicinal product. It is for the national court to determine whether that dissemination constitutes a form of door-to-door information, canvassing activity or inducement designed to promote the prescription, supply, sale or consumption of medicinal products.

(1)  OJ C 269, 10.11.2007.