Brussels, 13/02/2014 (Agence Europe) - On 13 February, the Court of Justice of the EU judged that the Austrian rules subjecting the authorisation to open new pharmacies to demographic criteria is incompatible with the freedom of establishment (case C-367/12). However, it takes the view that, by not allowing derogations to the criterion of “people remaining to be served” (whereby a new pharmacy cannot be opened if the number of people living within a radius of less than 4 km falls below 5,500) to take account of specific local characteristics, this rule may not ensure equal and appropriate access to pharmaceutical services to certain people residing in rural and isolated regions outside the area served by existing pharmacies. Therefore, this rule does not meet the requirement under EU law which states that the objectives sought by a national rule (in this case, ensuring adequate health coverage across the whole territory whilst avoiding the duplication of structures) must be pursued consistently. (FG/transl.fl)