21The Court finds that, even if the power to make such a derogation is not expressly granted by Directive 2001/83, that derogation is not necessarily contrary to that directive provided that it is applied so as not to undermine the general obligation to obtain a marketing authorisation. Under recital 30 in the preamble to the directive, it must be possible for a person established in one Member State to have a reasonable quantity of medicinal products intended for his personal use sent to him from another Member State. From that point of view, Article 5(1) of Directive 2001/83 provides that a Member State may, in accordance with legislation in force and to fulfil special needs, exclude from the provisions of that directive medicinal products supplied in response to a bona fide unsolicited order, formulated in accordance with the specifications of an authorised practitioner and for use by an individual patient under his responsibility.
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