Success for pharmacists: Ownership and operation of pharmacies can be restricted to pharmacists alone
On 19 May 2009, the European Court of Justice ruled that restrictions on ownership of pharmacies are compatible with the EU Treaty. The Court, thus, follows the Advocate General’s opinion.
There will, therefore, be no liberalisation of ownership at European level.
The EuroPharm Forum congratulates pharmacists in Europe, since this is indeed a recognition of the value of pharmacists. We also congratulate the PGEU with the result.
Arguments extracted from the Court Order
It is undeniable that a pharmacist, like other persons, pursues the objective of making a profit. However, as a pharmacist by profession, he is presumed to operate the pharmacy not with a purely economic objective, but also from a professional viewpoint. His private interest connected with the making of a profit is thus tempered by his training, by his professional experience and by the responsibility which he owes, given that any breach of the rules of law or professional conduct undermines not only the value of his investment but also his own professional existence.
Unlike pharmacists, non-pharmacists by definition lack training, experience and responsibility equivalent to those of pharmacists. Accordingly, they do not provide the same safeguards as pharmacists.
Links to Press Release no 44/09 in 12 languages
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