Judgment_paragraph 9 · Merck Sharp & Dohme BV and Others v Abacus Medicine A/S and Others (C-224/20)

9Recitals 2 to 5, 14, 40 and 41 of Directive 2001/83 state:(2) The essential aim of any rules governing the production, distribution and use of medicinal products must be to safeguard public health.(3) However, this objective must be attained by means which will not hinder the development of the pharmaceutical industry or trade in medicinal products within the Community.(4) Trade in medicinal products within the Community is hindered by disparities between certain national provisions, in particular between provisions relating to medicinal products (excluding substances or combinations of substances which are foods, animal feeding-stuffs or toilet preparations), and such disparities directly affect the functioning of the internal market.(5) Such hindrances must accordingly be removed; whereas this entails approximation of the relevant provisions.…(14) This directive represents an important step towards achievement of the objective of the free movement of medicinal products. Further measures [to] abolish any remaining barriers to the free movement of proprietary medicinal products [may] be necessary in the light of experience gained, particularly in the [Committee for Proprietary Medicinal Products attached to the European Agency for the Evaluation of Medicinal Products established by Council Regulation (EEC) No 2309/93 of 22 July 1993 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Agency for the Evaluation of Medicinal Products (OJ 1993 L 214, p. 1)].…(40) The provisions governing the information supplied to users should provide a high degree of consumer protection, in order that medicinal products may be used correctly on the basis of full and comprehensible information.(41) The marketing of medicinal products whose labelling and package leaflets comply with this Directive should not be prohibited or impeded on grounds connected with the labelling or package leaflet.’