SIA 'EUROAPTIEKA' v Ministru kabinets (C-530/20)

Judgment of 22 Dec 2022

law://eu/cjeu/2020/c-530-20/para_52@2026-11-14

52It is clear from the wording of Article 86(1) of Directive 2001/83 that the purpose of the message constitutes the fundamental defining characteristic of ‘advertising of medicinal products’, within the meaning of that provision, and the decisive factor for distinguishing advertising from mere information. If the message is designed to promote the prescription, supply, sale or consumption of medicinal products, it is advertising for the purposes of Directive 2001/83. By contrast, material which is purely informative, without promotional intent, is not covered by the provisions of that directive relating to advertising of medicinal products (judgment of 5 May 2011, MSD Sharp & Dohme, C‑316/09, EU:C:2011:275, paragraphs 31 and 32).

SIA 'EUROAPTIEKA' v Ministru kabinets (C-530/20)

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