Italy - Can distributors of pharmaceuticals acquire pharmacies?
In Italy, the distribution and retail sale of pharmaceutical products are incompatible. In other words, entreprises distributing pharmaceutical products (or having a link with a company active in the aear) are prohibited from acquiring holdings in companies operating community pharmacies.
The Commission has decided to take Italy to the Court of Justice, arguing that the Italian rules are incompatible with the freedom of establishment (article 43 of the European Community Treaty) and the freedom of movement of capital (article 56 of the European Community Treaty).
The European Commission also objects to the reservation of ownership of pharmacies to pharmacists or legal entities consisting of pharmacists. Italian law bans individuals without a pharmacist’ diploma to own a pharmacy.
According to the Italian authorities, the restrictions are made necessary on the grounds of public health protection, avoiding conflicts of interests and ensuring control over those who deliver medicinal products to patients.
The Commission considers that the measures are not proportionate and are not compatible with the above-mentioned articles.
Infringement procedures against Spain and Austria
The European Commission has started an infringement procedure [1] against Spain and Austria.
According to the European Commission, Madrid does not comply with the EU rules. Reasons are threefold:
Territorial planning rules: Ccommunity pharmacies must be set up according to criterias such as the population, the distance between community pharmacies, etc... Those rules are disproportionate according to the EC;
Certain Autonomous regions also apply discriminatory criteria to award licenses;
As for Italy, only pharmacists can hold a pharmacy.
In the case of Austria, the European Commission objects to the following settings:
Discrimination on the basis on nationality: Non-Austrians cannot obtain a licence to operate a pharmacy;
Ban on operating a pharmacy where no surgeon is available;
Limitations of pharmacies according to territorial and population criteria (as for Spain);
Limited choices of the legal form for a pharmacy
Ban on operating more than one pharmacy
