Freedom of Establishment of Pharmacies in the European Union

Abstract

The Court of Justice of the European Union has decreed that the restriction of ownership and operation of pharmacies by pharmacists does not infringe the right of establishment or the free circulation of capital. The Court has also declared lawful the limitation of the number of authorizations to establish pharmacies by virtue of population modules and minimum distances, preventing local pharmacists from being privileged in the selection process. In other words, it is not possible that pharmacists are discriminated in the European Union due to nationality or for reasons related to the professional performance in a certain geographical zone.