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2018-03 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2018)

handle is hein.intyb/rcbjcofi0401 and id is 1 raw text is: VRw Reports of Cases OPINION OF ADVOCATE GENERAL WAHL delivered on 21 September 2017' Case C-297/16 Colegiul Medicilor Veterinari din Rominia V Autoritatea NationalA SanitarA VeterinarA gi pentru Siguranta Alimentelor Intervening party: Asociatia NationalA a Distribuitorilor de Produse de Uz Veterinar din Romania (Request for a preliminary ruling from the Curtea de Apel Bucurepti (Court of Appeal, Bucharest, Romania)) (Article 49 TFEU - Directive 2001/82/EC - Veterinary medicinal products - Directive 2005/36/EC - Training of veterinary practitioners - Directive 2006/123/EC - Services in the internal market - National rules limiting the right to retail, use and administer veterinary medicinal, anti-parasitic and organic products to veterinary practitioners - Requirement that the capital of veterinary pharmaceutical establishments be held entirely or mainly by veterinary practitioners - Protection of health and life of humans and animals) 1. By its request for a preliminary ruling, the Curtea de Apel Bucurepti (Court of Appeal, Bucharest, Romania) asks whether it is permissible, under EU law, for the retail, use and administering of veterinary organic products, special purpose anti-parasitic products and veterinary medicinal products in Romania ('the products at issue') to be limited to veterinary practitioners. It also requests guidance on the interpretation of EU law in relation to national rules regulating the economic structure of the veterinary pharmaceutical establishments through which the sale of such products takes place. 2. The request has been made in the context of proceedings between, on the one hand, the Colegiul Medicilor Veterinari din Romania (College of Veterinary Physicians of Romania; 'the College') and, on the other, the Autoritatea NationalI Sanitar5 Veterinar5 gi pentru Siguranta Alimentelor (National Veterinary Health and Food Safety Authority, Romania; 'the Authority') - supported by the Asociatia Nationali a Distribuitorilor de Produse de Uz Veterinar din Romania (National Association of Distributors of Veterinary Products of Romania; 'the Distributors') - regarding the lawfulness of an order issued by the Authority amending its Veterinary Health Rules ('the VHR'). That order abolished a duty to present a copy of the certificate of entry in the single Register of veterinary practices of Romania ('the Register') for the purpose of issuing a veterinary health permit for the operation of veterinary pharmacies and veterinary pharmaceutical outlets. 3. The questions referred centre on the limits of the Member States' regulatory autonomy as regards the prerogatives of the profession as veterinary practitioner. In what follows, I shall explain why I consider the Romanian rules at issue, as they have been put to the Court, to be incompatible with Directive 2006/123/EC.2 1 Original language: English. 2 Directive of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ 2006 L 376, p. 36). ECLI:EU:C:2017:715 1

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