Judgment_paragraph 58 · Bayer AG v Commission of the European Communities (T-41/96)

58The Commission adds that, in its judgments in Case 15/74 Centrafarm v Sterling Drug [1974J ECR 1147 and Joined Cases 55/80 and 57/80 Musik-Vertrieb Membran v GEMA [1981] ECR 147, the Court of Justice has already stated that the rules on the implementation of the free movement of goods apply to an industry whether or not the national provisions concerned have been subject to harmonisation. The Commission therefore concludes that steps may also be taken to combat export bans even in the pharmaceutical sector, as is clear from the case-law of the Court of Justice. It refers in particular, as regards Article 30 of the Treaty, to Case 104/75 De Peijper [1976] ECR 613, Case 102/77 Hoffman-La Roche v Centrafarm [1978] ECR 1139, and Case 187/80 Merck v Stephar and Exler [1981] ECR 2063, and, concerning Article 85(1) of the Treaty, to the judgment in Sandoz, cited above.