22Finally, the Commission states that it is possible for Member States, under national law, to submit a product which is not a medicinal product within the meaning of Directive 2001/83 to the rules applying to medicinal products provided, however, that the measures to safeguard public health are proportionate (see Case C-387/99 Commission v Germany [2004] ECR I-3751, paragraph 72). In this case, the Federal Republic of Germany has not provided evidence that the prohibition on marketing the product concerned as a food supplement and the obligation to obtain authorisation for medicinal products are actually necessary for the protection of public health.
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