The decision of the Minister to the e-cigarette final to qualify as a medicine is based on the Medicines Act. The judge must now give a preliminary assessment on whether the definition in the Medicines that decision can bear. In answering that question, the Medicines Act where necessary and possible, be construed in accordance with the Medicines Directive (Directive compliant interpretation). The assertion of the State, the e-cigarette pharmacological properties that the physiological functions of human influence and therefore alone as drug should be considered preliminary judgment can not be followed. The e-cigarette is indeed not intended to induce such effects. By the words "intended to be administered or used for" in the statutory definition stimulants like alcohol and tobacco from the application of the law are excluded. The same applies to the judgment of the court for the e-cigarette. This does not mean that nicotine-containing products are not medicines can be. Thus, the Nicorette inhaler (already) on the basis of the presentation criterion is qualified as a medicine.
In answering the question still remains whether a directive conforming interpretation of the statutory definition to the classification of the e-cigarette as a drug may result. The State has argued that it is not the State is to scientifically demonstrate that the e-cigarette the pharmacological effects of the product under the Medicines Directive and the Medicines for products. This view considers the judge untenable. It is the minister who has decided to e-cigarette as medicinal brands. It is to the Minister for which adequate justification. In this case rests under Article 150 of the Code of Civil Procedure in principle to the State the burden of proof in law of the propositions which he wishes to see. On this basis, the court considers that the decision of the Minister to the e-cigarette (final) as medicinal brands, in violation of the law and the general principles of good governance, particularly the justification principle and the principle of legal certainty. This is the land to the (amended) enforcement of the Minister come to slip. The advanced command to import the e-cigarette from outside the European Union and the marketing thereof in the Netherlands to allow, will be designated.