A proprietary medicinal product subject to parallel distribution is a proprietary medicinal product :
1° Has a marketing authorisation issued by the European Union pursuant to Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency ;
2° And imported from another Member State or party to the European Economic Area by a pharmaceutical establishment other than the holder of the marketing authorisation or other than the company operating the product with a view to marketing it on French territory.