36In that context, it must be emphasised that, while the grant of such authorisations is a precondition for the right of their holders to place the vaccines concerned on the market in each Member State (see, to that effect, judgment of 16 March 2023, Commission and Others v Pharmaceutical Works Polpharma, C‑438/21 P to C‑440/21 P, EU:C:2023:213, paragraph 81), the issue of those conditional authorisations does not, as such, entail any obligation on the part of the potential recipients of those vaccines to have them administered, particularly since the referring court did not clarify whether persons subject to the obligation to vaccinate laid down in Article 4 of Decree-Law No 44/2021 were obliged to use only the vaccines which were the subject of those conditional authorisations.
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