Judgments of Court of Justice of the European Communities nº C-448/06, of July 17, 2008

In Case C-448/06,

REFERENCE for a preliminary ruling under Article 234 EC from the Verwaltungsgericht Köln (Germany), made by decision of 24 October 2006, received at the Court on 2 November 2006, in the proceedings

cp-Pharma Handels GmbH

v

Bundesrepublik Deutschland,

THE COURT (First Chamber),

composed of P. Jann, President of the Chamber, A. Tizzano (Rapporteur), A. Borg Barthet, M. Ile-i- and E. Levits, Judges,

Advocate General: J. Mazák,

Registrar: J. Swedenborg, Administrator,

having regard to the written procedure and further to the hearing on 18 October 2007,

after considering the observations submitted on behalf of:

-        cp-Pharma Handels GmbH, by R. Köhne, Rechtsanwalt,

-        the Greek Government, by S. Charitaki and S. Papaioannou, acting as Agents,

-        the Polish Government, by E. O-niecka-Tamecka, acting as Agent,

-        the Commission of the European Communities, by B. Stromsky and B. Schima, acting as Agents,

after hearing the Opinion of the Advocate General at the sitting on 16 January 2008,

gives the following

Judgment

1         This reference for a preliminary ruling concerns the validity of Commission Regulation (EC) No 1873/2003 of 24 October 2003 amending Annex II to Council Regulation (EEC) No 2377/90 laying down a Community procedure for the establishment of maximum ...

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