62008CO0563_EN
Subject of the case
Operative part
Subject of the case
Re:
Reference for a preliminary ruling – Juzgado de lo Contencioso-Administrativo No 2 de Granada – Interpretation of Article 43 EC – Legislation laying down the conditions for the opening of new pharmacies – Limits according to the number of inhabitants and the need to maintain a minimum distance between the pharmacies.
Operative part
Operative part:
Article 49 TFEU must be interpreted as not precluding, in principle, national legislation, such as that at issue in the main proceedings, that imposes restrictions on the issue of licences for the opening of new pharmacies, by providing that:
– in each pharmaceutical area, a single pharmacy may be opened, as a general rule, per unit of 2 800 inhabitants;
– a supplementary pharmacy may not be opened until that threshold has been crossed, that pharmacy being established for the fraction above 2 000 inhabitants; and
– each pharmacy must be a minimum distance away from existing pharmacies, that distance being, as a general rule, 250 metres.
Nevertheless, Article 49 TFEU precludes such national legislation in so far as the basic ‘2 800 inhabitants’ and ‘250 metres’ rules prevent, in any geographical area which has special demographic features, the establishment of a sufficient number of pharmacies to ensure adequate pharmaceutical services, which is a matter for the national court to ascertain.