Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 05/19/2009

Subject: The Court states 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. Affirming that not only the exclusion of non-pharmacists from operation of a pharmacy can be justified, but also the prohibition preventing undertakings engaged in the distribution of pharmaceutical products from taking stakes in municipal pharmacies, the Court dismisses the action for failure to fulfil obligations brought by the Commission against Italy.

Parties: Commissione c/ Italia

Classification: Freedoms - Art. 15 Right of establishment

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