Question juridique clé
Whether the Viagra trade fulfilled Art. 86 HMG or only Art. 87 HMG
Solution extraite
Art. 86 HMG requires a concrete danger to human health; selling Viagra only falls under Art. 86 if specific customers were actually placed in danger.
Motifs extraits
Viagra itself is not generally health-endangering; danger exists only for certain risk groups. A mere probability that some customers may have belonged to such groups is insufficient. The lower court did not establish actual concrete danger.