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Case Law C-7/11 (28/06/2012)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/28/2012

Subject: According to the Court, a pharmacist who is also authorized under domestic law to operate as a wholesaler in medicinal product has to obtain authorization for the wholesale distribution required under Directive 2001/83/EC on the Community code relating to medicinal products for human use. The Court pointed out that even though national courts are required to interpret domestic law in light of the purpose of a directive, that obligation is subject to certain limits in criminal matters. Thus, a directive cannot have the effect of determining or aggravating the liability in criminal law of persons who act in contravention of the provisions of the directive.

Parties: Fabio Caronna

Classification: Justice - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty)

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