Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/02/2015

Subject: The Court declared that the questions referred for a preliminary ruling are inadmissible. The Court didn’t understand why the referring court expressed doubts concerning the compatibility with Article 15 of the Charter and Article 49 TFEU of the Italian legislation, which does not allow a pharmacist, who is qualified and entered in the relevant professional register but does not own a pharmacy included on the ‘pianta organica’, also to offer for retail sale, in the para-pharmacy owned by that pharmacist, pharmaceutical products the cost of which is borne, not by the Italian national health service, but wholly by the citizen, and which thereby also establishes in that sector a prohibition on the sale of certain categories of pharmaceutical products, as well as a quota in relation to the number of commercial outlets which may be established within the national territory

Parties: Gullotta e Farmacia di Gullotta Davide & C.

Classification: Freedoms - Art. 15 Right of establishment - Equality - Art. 21 Non discrimination

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