Case C-557/16, Astellas Pharma – measuring the data exclusivity period on a marketing authorisation [judgment 2018, ECLI:EU:C:2018:181]
By judgment of 14 March 2018 (ECLI:EU:C:2018:181) the Court ruled, in the words of the operative part: “1.
Tag
health
29 case reports
Case C-426/16, Liga van Moskeeën – ritual killing [judgment 2018, ECLI:EU:C:2018:335]
By judgment of 29 May 2018 (ECLI:EU:C:2018:335) the Court ruled, in the words of the operative part: “Examination of the question has not disclosed any issues capable of affecting the validity of Article 4(4) of Council Regulation (EC) No 1099/2009 of 24…
Case C-422/16, TofuTown.com – selling ‘tofubutter’ and ‘veggiecheese’ without butter or cheese [judgment 2017, ECLI:EU:C:2017:458]
On 14 June 2017 the Court ruled (ECLI:EU:C:2017:458) that designations such as "milk", "butter", "cheese" and "cream" are reserved by Regulation 1308/2013 for products of animal origin, and purely plant-based products cannot use them even with clarifying…
Case C-329/16, SNITEM – against state diktats for healthcare software [judgment 2017, ECLI:EU:C:2017:947]
By judgment of 7 December 2017 (ECLI:EU:C:2017:947) the Court ruled, in the words of the operative part: “Article 1(1) and Article 1(2)(a) of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices, as amended by Directive 2007/47/EC of the…
Case C-179/16, Hoffmann-La Roche – is off-label medicine use, off-limits to EU cartel law? [judgment 2018, ECLI:EU:C:2018:25]
By judgment of 23 January 2018 (ECLI:EU:C:2018:25) the Court ruled, in the words of the operative part: “1.
Case C-107/16, Fidenato – growing genetically modified maize [order 2017, ECLI:EU:C:2017:900]
By judgment of 13 September 2017 (ECLI:EU:C:2017:676) the Court held that Member States may not adopt emergency measures against authorised GMOs such as MON 810 maize unless it is evident that the products are likely to constitute a serious risk to health…
Case C-553/15, Undis Servizi – the Teckal exception is pants [judgment 2016, ECLI:EU:C:2016:935]
By judgment of 8 December 2016 (ECLI:EU:C:2016:935) the Court ruled, in the words of the operative part: “1.
Case C-90/16, The English Bridge Union – a card game is a sport [judgment 2017, ECLI:EU:C:2017:814]
By judgment of 26 October 2017 (ECLI:EU:C:2017:814) the Court held that duplicate bridge, whose physical element is negligible, is not a "sport" for the purposes of the VAT exemption — whatever its benefits for mental health and discipline — while noting…
Case C-78/16, Pesce – against an overly fastidious state combating xylella fastidiosa [judgment 2016, ECLI:EU:C:2016:428]
By judgment of 9 June 2016 in the joined Pesce cases (ECLI:EU:C:2016:428) the Court upheld the Commission's Xylella fastidiosa decision: the obligation to remove host plants, including asymptomatic ones, within 100 metres of infected plants is a…
Case C-413/15, Farrell (No.2) – identifying an emanation of the state [judgment 2017, ECLI:EU:C:2017:745]
By judgment of 10 October 2017 (ECLI:EU:C:2017:745) the Court ruled, in the words of the operative part: “1.
Case C-612/15, W and heirs – seeking to prove a defective vaccine [judgment 2018, ECLI:EU:C:2018:392]
By judgment of 5 June 2018 (ECLI:EU:C:2018:392) the Court ruled, in the words of the operative part: “1.
Case C-445/15, Nutricia – is an Alzheimer dairy product, a food for a special medical purpose?
A company has made a dairy product for patients with early onset Alzheimer’s Disease. The company believes that this makes it a ‘food for a special medical purpose’ within the EU Commission’s Directive 1999/21/EC. However, in the United Kingdom, the Secretary of State for Health believes that that…
Case C-282/15, Queisser Pharma – an amino acid is not necessarily mean to human health [judgment 2017, ECLI:EU:C:2017:26]
By judgment of 19 January 2017 (ECLI:EU:C:2017:26) the Court ruled, in the words of the operative part: “Articles 6 and 7 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and…
Case C-276/15, Hecht-Pharma – incensed at the competition in Frankincense-extract capsules [judgment 2016, ECLI:EU:C:2016:801]
By judgment of 26 October 2016 (ECLI:EU:C:2016:801) the Court held that a product whose essential manufacturing steps are carried out in a pharmacy as part of its normal business, producing up to 100 dispensing-ready packages a day, is not prepared…
Case C-277/15, Servoprax – challenging language obstacles to parallel imported medical products [judgment 2016, ECLI:EU:C:2016:770]
By judgment of 13 October 2016 (ECLI:EU:C:2016:770) the Court ruled, in the words of the operative part: “Article 9 of Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices must be…
Case C-216/15, Betriebsrat der Ruhrlandklinik – stopping the sisters of merciless competition [judgment 2016, ECLI:EU:C:2016:883]
By judgment of 17 November 2016 (ECLI:EU:C:2016:883) the Court ruled, in the words of the operative part: “Article 1(1) and (2) of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work must be…
Case C-297/15, Ferring Lægemidler – artificially segmenting the market in laxatives? [judgment 2016, ECLI:EU:C:2016:857]
By judgment of 10 November 2016 (ECLI:EU:C:2016:857) the Court ruled, in the words of the operative part: “Article 7(2) of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States…
Case C-117/15, Reha Training – communicating copyright protected works not to the public but to private patients [judgment 2016, ECLI:EU:C:2016:379]
On 31 May 2016 the Grand Chamber ruled (ECLI:EU:C:2016:379) that the operator of a rehabilitation centre showing TV broadcasts on screens in its waiting and training rooms communicates works to the public and must pay the collecting societies — aligning…
Case C-114/15, AUDACE – audacious French farmers buy Spanish veterinary medicinal products [judgment 2016, ECLI:EU:C:2016:813]
By judgment of 27 October 2016 (ECLI:EU:C:2016:813) the Court held that Articles 34 and 36 TFEU preclude national rules reserving parallel imports of veterinary medicinal products to authorised wholesalers, thereby excluding farmers who import for their…
Case C-148/15, Deutsche Parkinson Vereinigung – bonuses for buying Dutch mail order medicines [judgment 2016, ECLI:EU:C:2016:776]
By judgment of 19 October 2016 (ECLI:EU:C:2016:776) the Court held that Germany's system of fixed prices for prescription-only medicines, as applied to mail-order pharmacies established in other Member States, is a measure having equivalent effect contrary…
Case C-19/15, Verband Sozialer Wettbewerb – stopping a company making health claims to doctors [judgment 2016, ECLI:EU:C:2016:563]
By judgment of 14 July 2016 (ECLI:EU:C:2016:563) the Court ruled, in the words of the operative part: “Article 1(2) of Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on…
Case C-592/14, European Federation for Cosmetic Ingredients – ingredients tested on animals [judgment 2016, ECLI:EU:C:2016:703]
By judgment of 21 September 2016 (ECLI:EU:C:2016:703) the Court ruled, in the words of the operative part: “Article 18(1)(b) of Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products must be…
Case C-547/14, Philip Morris Brands – the Second Tobacco Products Directive is invalid [judgment 2016, ECLI:EU:C:2016:325]
On 4 May 2016 the Court upheld the Second Tobacco Products Directive in full (ECLI:EU:C:2016:325): the menthol ban, the labelling and standardisation rules, the leeway for further national packaging measures and the specific e-cigarette regime of Article…
Case C-442/14, Bayer CropScience – Bee deaths? Buzz Off! The data requested is confidential [judgment 2016, ECLI:EU:C:2016:890]
By judgment of 23 November 2016 (ECLI:EU:C:2016:890) the Court ruled, in the words of the operative part: “1.
Case C-448/14, Davitas – is a mineral-based detox a novel food? [judgment 2016, ECLI:EU:C:2016:839]
By judgment of 9 November 2016 (ECLI:EU:C:2016:839) the Court ruled, in the words of the operative part: “Article 1(2)(c) of Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food…
Case C-410/14, Falk Pharma – objecting to a contract supplying a public body reduced-price medicine [judgment 2016, ECLI:EU:C:2016:399]
By judgment of 2 June 2016 (ECLI:EU:C:2016:399) the Court ruled, in the words of the operative part: “1.
Case C-333/14, The Scotch Whisky Association – the market spirit for the spirit market [judgment 2015, ECLI:EU:C:2015:845]
On 23 December 2015 the Court ruled (ECLI:EU:C:2015:845) that Scottish minimum unit pricing for alcohol restricts the free movement of goods and may be justified on health grounds only if less trade-restrictive means — notably taxation — cannot achieve the…
Case C-207/14, Hotel Sava Rogaška – on appropriating communal mineral water [judgment 2015, ECLI:EU:C:2015:414]
By judgment of 24 June 2015 (ECLI:EU:C:2015:414) the Court ruled, in the words of the operative part: “The notion of ‘natural mineral water from one and the same spring’ contained in Article 8(2) of Directive 2009/54/EC of the European Parliament and of…
Case C-157/14, Neptune – mineral water salinity [judgment 2015, ECLI:EU:C:2015:823]
By judgment of 17 December 2015 (ECLI:EU:C:2015:823) the Court ruled, in the words of the operative part: “1.