Ortscheit v Eurim-Pharm: ECJ 10 Nov 1994

ECJ The national prohibition of advertising for medicinal products which despite the general requirement of authorization are not authorized in a country, but may be imported from another Member State of the European Community in response to an individual order if they have been lawfully put into circulation in that Member State, is, inasmuch as it affects only imported products, a measure having equivalent effect to a quantitative restriction within the meaning of Article 30 of the EEC Treaty.
That prohibition is however justified under Article 36 on grounds pertaining to the protection of the health and life of humans because it is necessary for the effectiveness of the national authorization scheme, which Member States are entitled to maintain in the absence of a procedure for Community authorization or mutual recognition of national authorizations.
C-320/93, [1994] EUECJ C-320/93, [1994] ECR I-5243
Bailii
EEC Treaty 30 36

Updated: 05 January 2021; Ref: scu.161157