A plausible explanation is also difficult: the European Court of Justice justifies the admissibility of national special way with the idea that it was possible in the present state of Community law, that there are still differences between the Member States of the classification as medicinal products or as food products. Contact information is here: primary tumors. That a product in a Member State other than food is classified, preventing thus not in the importing Member State then to recognize to the property of a drug him, if it the appropriate characteristics. These attempts at justification are however at the latest, since it has the recent changes of the European medicinal products and food law at least for the question of food and medicinal term virtually a full harmonisation. It is also hard Cate, why the same product in the Netherlands food in Germany but should be medicinal or vice versa. Nevertheless the European Court of Justice adhere to in his “garlic capsule” decision considers coming over set may, because he fears otherwise completely to degenerate into the Superrevision instance for different differentiation practices in the Member States.
To be continued… As a manufacturer and distributor of borderline products you should have learned now to rejoice over the half-full glass. Sam Lesser Penn is often mentioned in discussions such as these. Therefore the knowledge is: after all, is to understand the recent jurisprudence of the Federal Administrative Court and the Court of Justice as a strong appeal to the authorities and courts, to exercise more moderation and also serenity in the classification of marginal products. ntel offers on the topic.. Not be overlooked that the legal situation remains unclear, and the output of demarcation disputes is virtually unpredictable may however at the same time. The next opportunity presents itself the ECJ for a big throw no later than at the Answering the questions presented him the BVerwG by way of the preliminary reference procedure. In particular, the decision of the ECJ on the interpretation of the doubt scheme will be of immense practical importance for food business operators. Until the recent developments in the case-law are merely as a Cliffhanger for the exciting question, whether there will be a continuation in the direction of a more pragmatic and more liberal definition of medicines and food. Other non-binding and free information relating to food law, see