# C_2011120EN.01000201.xml

| 16.4.2011 | EN | Official Journal of the European Union | C 120/2 |
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16.4.2011

EN

Official Journal of the European Union

C 120/2

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Order of the Court of 17 December 2010 (reference for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte, Italy) — Maurizio Polisseni v Azienda Sanitaria Locale N.14 V.C.O., Antonio Giuliano

(Case C-217/09) (1)

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(Article 104(3), first subparagraph, of the Rules of Procedure - Article 49 TFEU - Freedom of establishment - Public health - Pharmacies - Proximity - Supply of the population with medicines - Authorisation to operate - Territorial distribution of pharmacies - Establishment of limits based on a criterion of demographic density - Minimum distance between pharmacies)

2011/C 120/02

Language of the case: Italian

Referring court

Referring court

Tribunale Amministrativo Regionale per il Piemonte

Parties to the main proceedings

Parties to the main proceedings

Applicant: Maurizio Polisseni.

Applicant:

Defendants: Azienda Sanitaria Locale N.14 V.C.O., Antonio Giuliano

Defendants:

Re:

Re:

Reference for a preliminary ruling — Tribunale Amministrativo Regionale per il Piemonte — Interpretation of Arts 43, 152 and 153 EC — Opening of new pharmacies — National legislation making authorisation for the moving of a pharmacy subject to the keeping of a minimum distance between one pharmacy and another

Operative part of the order

Operative part of the order

| 1. | Article 49 TFEU must be interpreted in principle as not precluding national legislation, such as that at issue in the main proceedings, which places limits on the sitting of pharmacies by providing that:






  — | in each pharmaceutical area, only one pharmacy may be created, in principle, per 4 000 or 5 000 inhabitants; and |
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1.

Article 49 TFEU must be interpreted in principle as not precluding national legislation, such as that at issue in the main proceedings, which places limits on the sitting of pharmacies by providing that:

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in each pharmaceutical area, only one pharmacy may be created, in principle, per 4 000 or 5 000 inhabitants; and

| — | each pharmacy must keep a minimum distance from existing pharmacies, that distance being, as a general rule, 200 metres. |
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each pharmacy must keep a minimum distance from existing pharmacies, that distance being, as a general rule, 200 metres.

| 2. | However, Article 49 TFEU precludes such national legislation in so far as the basic rules of 4 000 or 5 000 inhabitants and 200 metres prevent the creation, in any geographical area with particular demographic characteristics, of a sufficient number of pharmacies capable of providing an appropriate pharmaceutical service, which it is for the national court to verify. |
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2.

However, Article 49 TFEU precludes such national legislation in so far as the basic rules of 4 000 or 5 000 inhabitants and 200 metres prevent the creation, in any geographical area with particular demographic characteristics, of a sufficient number of pharmacies capable of providing an appropriate pharmaceutical service, which it is for the national court to verify.

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(1)  OJ C 205, 29.8.2009.

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