JUDGMENT OF 28. 1. 1981 — CASE 32/80 OFFICIER VAN JUSTITIE v KORTMANN

In Case 32/80 REFERENCE to the Court under Article 177 of the EEC Treaty by the Arrondissementsrechtbank [District Court] Roermond, The Netherlands, for a preliminary ruling in the action pending before that court between

THE COURT composed of: J. Mertens de Wilmars, President, P. Pescatore, Lord Mackenzie Stuart and T. Koopmans (Presidents of Chambers), A. O'Keeffe, G. Bosco and A. Touffait, Judges, Advocate General: F. Capotorti Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts and Issues

I — Facts and procedure

II — Written observations submitted under Article 20 of the Protocol on the Statute of the Court of Justice of the EEC

A — Observations of the Netherlands Government

(a) Examination of the rules at issue

(b) Examination of the question submitted

Point (1) (a): May importation be made conditional on the collection of a fee ?

Point (1) (b): May the importation be made conditional upon the prior payment of the fee?

Point (2): The criteria which the amount of the fee must meet

B — Observations of the Commission

(1) The state of harmonization of the market in medicinal products

(2) The question submitted

The single registration fee in the case of parallel imports

(a) With regard to Articles 9 and 12 of the Treaty

(b) Article 95 of the Treaty

The annual monitoring fee

III — Oral procedure

Decision

The interpretation of Article 36

The interpretation of Article 13 of the Treaty

Article 95 of the Treaty

Costs