IP/08/1785
Brussels, 27 November 2008
Pharmacies: infringement proceedings against
Italy
The European Commission has decided to formally
request Italy to amend its legislation banning pharmacists from having more than
one pharmacy and restricting the maximum number of pharmacies that may be owned
by groups of pharmacists to four. In addition the four pharmacies must be
located in the same province. According to the Commission, such constraints are
in breach of Article 43 of the EC Treaty on freedom of establishment. The
Commission’s request is in the form of a ‘reasoned opinion’,
the second stage of the infringement proceedings provided for in Article 226 of
the EC Treaty. If no satisfactory reply is received within two months, the
Commission may refer the matter to the Court of Justice.
The Commission has decided to officially request Italy to review its rules on
authorising the establishment of pharmacies. Italian legislation bans individual
pharmacists from holding more than one authorisation to open a pharmacy, and
from holding an authorisation to open a pharmacy and at the same time be
involved in the management of a group of pharmacists. It also restricts the
number of pharmacies that may be operated by one and the same group to four, and
requires those pharmacies to be located in the same province as that in which
the group has its registered place of business.
The Commission takes the view that, by adopting and maintaining the above
restrictions, Italy has failed to fulfil its obligations under Article 43 of the
EC Treaty, since such restrictions are likely to prevent the establishment of
pharmacies by operators from other Member States or make it more difficult for
them. The restrictions cannot be considered compatible with the EC Treaty unless
they are justified by public-interest objectives and are necessary and
proportionate to achieve those objectives. However, the Commission considers
that these restrictions go beyond what is necessary to achieve the objective of
protecting health cited by the Italian authorities.
The latest information on infringement proceedings concerning all Member
States can be found at:
http://ec.europa.eu/community_law/index_en.htm
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