Acerca del blindaje comunitario de la reserva de la propiedad de las oficinas de farmacia a favor de los farmacéuticos.

Authors

  • A. EZQUERRA HUERVA

Keywords:

publichealth protection, pharmacies, pharmaceutical sector costs, Community Law, freedom of establishment.

Abstract

The Court of Justice of the European Communities has recently issued two judgements on19 May 2009, by which it has been confirmed the coherence of the restriction of theownership of pharmacies to pharmacists alone —as provided for by most of the EuropeanMember States legislations— with freedom of establishment guaranteed by art. 43 ECTreaty. This work is aimed at the study of the case law entered by the Court in both theaforementioned judgements. Some critical consideration and comments are at the sametime also introduced concluding that, against the opinion of the European Court, the socalled «rule excluding non-pharmacists» is incompatible with the European CommunityLaw.

Published

2009-12-04