Online sales of medicinal products in the CJEU case-law – between the free movement of goods and public health protection
Online sales of medicinal products in the CJEU case-law – between the free movement of goods and public health protection

Author(s): Gabriela Belova
Subject(s): Social Sciences, Economy, Law, Constitution, Jurisprudence, Sociology, Health and medicine and law, Law on Economics, ICT Information and Communications Technologies, EU-Legislation, Court case
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: online sale of medicinal products with or without prescription; case-law of the Court of Justice of the European Union;
Summary/Abstract: The trans-border online purchase of medicines has been growing in the last decades. This paper provides an in-depth analysis of the relevant case-law of the Court of Justice of the European Union. The Luxembourg Court has addressed the issue of online sale of medicinal products on several occasions primarily from an internal market perspective. From its first judgments in cases Doc Morris, Ker-Optika and Pierre Fabre the Court tried to find the delicate balance between the freedom of goods within the European Union and the principle of protection of the public health. On the one hand, the Court tries to keep in line with the development of the internal market, including medicinal products sold online and on the other hand the public interest has been always observed, in particular the protection of public health. The article pays attention to one of the legislative initiatives of the European Commission in this field as well as to the newest judgments of the Court of Justice of the European Union.

• Details
• Contents