Judgment — ECLI:EU:C:2012:374
Date: 2012-06-21
Language of the case: Finnish
Court formation: Third Chamber
Subject matter: Competition;Agreements, decisions and concerted practices;Right of establishment
Procedure: Reference for a preliminary ruling
Origin: Finland

Summary of the Judgment 1. Preliminary rulings — Jurisdiction of the Court — Limits — Question raised regarding a dispute within a single Member State — Jurisdiction in the light of the possible applicability of the rule of European Union law to the dispute by reason of a prohibition or discrimination laid down by national law (Arts 49 TFEU and 267 TFEU) 2. Member States — Retained powers — Adjustment of social security systems — Limits — Compliance with European Union law — Protection of public health — Discretion of the Member States 3. Freedom of establishment — Restrictions — National legislation requiring prior authorisation for the opening of new pharmacies in a given region — Body of rules more favourable to the university pharmacy of a Member State than to private pharmacies — Lawfulness — Conditions — To be determined by the national court (Art. 49 TFEU) 1. See the text of the decision. (see paras 19-22) 2. See the text of the decision. (see paras 27-29) 3. Article 49 TFEU must be interpreted as not precluding a national law providing for a licensing scheme for the operation of branch pharmacies specific to the university pharmacy of a Member State that is more favourable than that applicable to private pharmacies, provided that, which it is for the referring court to determine, the branches of that pharmacy actually participate in the accomplishment of the specific tasks relating to the teaching of pharmacy students, research in pharmaceutical services and the manufacture of rare pharmaceutical preparations conferred on the latter by national law. (see para. 44, operative part)