Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 05/19/2009

Subject: The Court states that excluding the possibility for non-pharmacists to operate pharmacies or to acquire stakes in companies or firms operating pharmacies constitutes a restriction on the freedom of establishment and the free movement of capital. That restriction can nevertheless be justified by the objective of ensuring that the provision of medicinal products to the public is reliable and of good quality. Given the power accorded to the Member States to determine the level of protection of public health, Member States may take the view that the operation of a pharmacy by a non-pharmacist may represent a risk to public health, in particular to the reliability and quality of the supply of medicinal products at retail level. The Court concludes that the freedom of establishment and the free movement of capital do not preclude national legislation which prevents persons not having the status of pharmacist from owning and operating pharmacies.

Parties: Apothekerkammer

Classification: Freedoms - Art. 15 Right of establishment

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