OPINION OF MR SAUGMANDSGAARD ØE — CASE C‑296/15
MEDISANUS
Directive 2004/18/EC of the European Parliament and of the Council of
Directive 2001/83/EC of the European Parliament and of the Council of
Directive 2002/98/EC of the European Parliament and of the Council of
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… medicinal products derived from blood, …
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Directive 2001/83, in particular Article 83 thereof, Directive 2002/98, in particular Article 4(2) thereof, and with the TFEU, in particular Article 18 thereof, be interpreted as precluding a specification that industrially manufactured medicinal products must be obtained from
See, in particular, judgments of
See, to that effect, judgments of
See points 90 to 99 of this Opinion.
the priority supply principle and the national origin requirement.
See points 91 and 92 of this Opinion.
See points 93 and 94 of this Opinion.
whether Articles 34 and 36 TFEU must be interpreted as meaning that they preclude the priority supply principle; and whether Article 2 and Article 23(2) and (8) of Directive 2004/18 and Articles 34 and 36 TFEU must be interpreted as meaning that they preclude the national origin requirement.
Judgments of
it was set up by the national legislation on public contracts; it is permanent; its jurisdiction is compulsory, since its competence does not depend on the parties’ agreement and its decisions are binding; See in that regard judgment of the procedure before it is it applies rules of law; and the guarantees of its independence and the independence of its members are analogous to those applicable to the ordinary courts and tribunals.
Council Directive of
See, in particular, judgments of
Judgment of
See, in particular, judgments of
Judgment of
It will be recalled that, in practice, the ZTM is the only operator able to supply medicinal products that conform to the national origin requirement and therefore to participate in the call for tenders at issue in the main proceedings. See point 54 of this Opinion.
See, in particular, judgments of
Judgment of
It will be recalled that contracts between public entities are not for that reason excluded from the scope of the EU legislation on public contracts. See the definition of
Judgment of
See, to that effect, judgments of
See, by analogy with the criterion of residence on the national territory, judgment of
As regards the existence of possible justification, see points 105 to 164 of this Opinion.
As regards the existence of possible justification, see points 105 to 164 of this Opinion.
I would point out that I have reformulated the question for a preliminary ruling, which referred to Article 18 TFEU, for the reasons set out in points 36 to 43 of this Opinion.
On the concept of
I find confirmation of that interpretation in recital of Directive 2004/18, which states that that directive lay downs coordinating provisions which are to be interpreted in accordance with the principle of free movement of goods
This approach was taken by the Court in the judgment of
See point 61 of this Opinion.
According to settled case-law, the obligations arising under the free movement of goods also apply to autonomous bodies established by the State. See, to that effect, judgments of
See, as regards freedom of establishment, judgment of
See point 56 of this Opinion.
See, in that regard, judgments of
See the case-law on the concept of
Judgment of
Judgment of
Judgment of
Judgment of
See point 58 of this Opinion.
See, in particular, Resolution of the Parliament of
This affair, which concerned inoculation with the AIDS virus in the course of blood transfusions in the 1980s, was revealed by the press in the course of 1991.
Communication COM(94) 652 final, p. 2. See also 2
See, in particular, Resolution of the Parliament of
See, in particular, Communication COM(93) 198 final, p. 4, and Communication COM(94) 652 final, p. 8.
See, in particular, Communication COM(93) 198 final, p. 4; Report from the Commission of
See also recital 19 of Directive 2001/83 and recital 23 of Directive 2002/98.
See documents cited in footnote 42.
This provision was first introduced into the EU legal order by Article 3(4) of Council Directive 89/381/EEC of
See written question E-146/95 submitted by José Valverde Lopez (PPE) to the Commission on
As regards human blood and human plasma, that objective is clear from Article 110 of Directive 2001/83.
See, in particular, Resolution of the Parliament of
See point 117 of this Opinion.
See, in particular, Resolution of the Parliament of
The Republic of Slovenia adopted this second approach when defining the concept of self-sufficiency provided for in Article 3(18) of the Law on the supply of blood.
Commission Staff working document of
Ibid., p. 4:
Ibid.:
See 110 of this Opinion.
See points 157 to 159 of this Opinion.
See point 160 of this Opinion.
On the positive effect of trade between Member States on safety of supply in blood and blood products, see, in particular, Resolution of the Parliament of
See points 122 to 127 of this Opinion.
Judgment of
See also judgment of
Articles 34 and 36 TFEU must be interpreted as meaning that they preclude national rules authorising the import of medicinal products manufactured on the basis of plasma collected in another Member State only if the medicinal products manufactured on the basis of plasma collected in the national territory are not sufficient to cover the needs of the national population, and Article 2 and Article 23(2) and (8) of Directive 2004/18/EC of the European Parliament and of the Council of