Italy falls foul of European pharmacy ownership law
Italy is to be taken before the European
Court of Justice by the European
Commission (EC) because it has national
rules that prevent wholesalers buying government-owned pharmacies that are being denationalised.
The EC is also seeking a ruling
against Italian laws that restrict pharmacy
ownership to pharmacists.
European law only allows restrictions such
as these if they are justified on health grounds
and are proportionate to their intended aim.
The Italian authorities claim that the restriction
on wholesalers buying denationalised
pharmacies prevents conflicts between the interests
of distributors and retailers.They say that
allowing only pharmacists to own pharmacies
ensures good control over who dispenses medicines
to patients. However, the EC takes the
view that the restrictions go beyond what is
necessary to protect health. It believes that the
evidence for this lies in the facts that wholesalers
are already allowed to own pharmacies in
Italy and relatives of pharmacists who have died
are allowed to retain pharmacies for up to 10
years even though they may not be qualified.
Two other countries, Spain and Austria,
are also being threatened with legal action if
they do not change their laws. In the case of
Spain, the EC objects to planning rules that
only allow new pharmacies to be opened at
least 250m from any other pharmacy and
stipulate a minimum population density per
pharmacy.
The EC also takes issue with laws that restrict
pharmacy ownership to pharmacists and
that do not allow any pharmacist to have an
interest in more than one pharmacy. Austria
has also been told that it must change laws
that restrict pharmacy ownership and the locations
in which pharmacies can be opened. |
The
Pharmaceutical Journal
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