Case C-88/07: Judgment of the Court (First Chamber) of 5 March 2009 — Commission of the European Communities v Kingdom of Spain (Articles 28 EC and 30 EC — Free movement of goods — Directive 2001/83/EC — Products based on medicinal herbs — Products classified as medicinal products — Products lawfully produced or marketed as food supplements or dietary products in other Member States — Meaning of medicinal product — Marketing authorisation — Restriction — Justification — Public health — Consumer protection — Proportionality — Decision No 3052/95/EC — Procedure for the exchange of information on national measures derogating from the principle of the free movement of goods within the Community)