Brussels, 29/06/2006 (Agence Europe) - The Commission has decided to take Italy to the Court of Justice and to send reasoned opinions to Austria and Spain, because legislation in these countries limits the opening and running of pharmacies.
Italy. Italian legislation prevents companies active in the distribution of medicines from acquiring holdings in private pharmaceutical companies or community pharmacies. The legislation also prevents individuals who do not hold a pharmacist's diploma from having holdings in pharmacies. The Commission considers that the restrictions in question go beyond what is necessary to achieve the objective of health protection, and have taken the matter to the Court of Justice.
Austria. Austria will be sent a reasoned opinion because its national legislation restricts freedom of establishment as a pharmacist. The Commission is challenging the following restrictions, among others: discrimination on the basis of nationality, which prevents non-Austrian nationals from operating a pharmacy that has been open for less than three years; the ban on opening a pharmacy in areas without a doctor's surgery; limiting the choice of legal form for a pharmacy; the ban on operating more than one pharmacy.
Spain. The Commission has decided to send a reasoned opinion to Spain because of the following national restrictions on the setting-up of pharmacies: health planning rules based on population (minimum module between 2,800 and 4,000 inhabitants) and the distance (minimum 250 metres) between community pharmacies; priority given in certain Autonomous Communities, such as Valencia, to pharmacists with professional experience in the same Community; ownership rules which mean that only pharmacists can own and run a community pharmacy open to the public.