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ECJ Judgement of 19th May 2009

Ownership of Pharmacies

ECJ Judgement on Ownership of Pharmacies

On 19th May 2009, ECJ ruled against the Commission.  The Commission had sought to prove that national laws (in Italy) which required pharmacies to be owned by qualified pharmacists (either as individuals or as directors of a company) were contrary to EC law (Articles EC43 and 56).  

Essentially, the ECJ accepted that that there were breaches of these Articles but gave reasons for accepting that they were justified. Some of these arguments may have a wider application in other professional areas, should similar disputes arise.