Request for a preliminary ruling from the Conseil d’État (France) lodged on 10 January 2022 – Syndicat Les Entreprises du Médicament (LEEM) v Ministre des Solidarités et de la Santé
(Case C-20/22)
Language of the case: French
Referring court
Conseil d’État
Parties to the main proceedings
Applicant: Syndicat Les Entreprises du Médicament (LEEM)
Defendant: Ministre des Solidarités et de la Santé
Question referred
Must Article 4 of Council Directive 89/105/EEC of 21 December 1988 relating to the transparency of measures regulating the pricing of medicinal products for human use and their inclusion in the scope of national health insurance systems 1 be interpreted as meaning that the concept of a ‘price freeze […] on all medicinal products or on certain categories of medicinal products’ applies to a measure whose purpose is to control the prices of medicinal products but which concerns only certain medicinal products, on an individual basis, and is not intended to apply to all medicinal products or even to certain categories of them, when the safeguards which that article attaches to the existence of such a price-freezing measure as defined by that article appear, for such a measure, meaningless and pointless?
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1 OJ 1989 L 40, p. 8.