CELEX: C2005/193/20
Language: en
Date: 2005-08-06 00:00:00
Title: Case C-221/05: Reference for a preliminary ruling from the the Supreme Court, Ireland, by order of that court of 11 May 2005 in Sam McCauley Chemists (Blackpool) Ltd and Mark Sadja v Pharmaceutical Society of Ireland, Minister for Health and Children, Ireland and the Attorney General

6.8.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 193/12
            
         Reference for a preliminary ruling from the the Supreme Court, Ireland, by order of that court of 11 May 2005 in Sam McCauley Chemists (Blackpool) Ltd and Mark Sadja v Pharmaceutical Society of Ireland, Minister for Health and Children, Ireland and the Attorney General
   (Case C-221/05)
   (2005/C 193/20)
   Language of the case: English
   Reference has been made to the Court of Justice of the European Communities by order of the the Supreme Court, Ireland, of 11 May 2005, received at the Court Registry on 19 May 2005, for a preliminary ruling in the proceedings between Sam McCauley Chemists (Blackpool) Ltd and Mark Sadja and Pharmaceutical Society of Ireland, Minister for Health and Children, Ireland and the Attorney General on the following question:
   Does Article 2 of Council Directive 85/433/EEC of 16 September 1985 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy, including measures to facilitate the effective exercise of the right of establishment relating to certain activities in the field of pharmacy (1)
   
   
               (a)
            
            
               impose a single obligation limited to requiring a Member State to recognise the qualifications referred to in Article 2.1 of the Directive except with respect to the establishment of new pharmacies as defined in Article 2.2, or,
            
         
               (b)
            
            
               does it impose on a Member State a distinct obligation to recognise the qualifications referred to in Article 2.1 but, in addition, confer on Member States a discretion whether to extend such recognition to persons holding such qualifications with respect to the establishment of new pharmacies open to the public, as defined in Article 2.2?
            
         
      (1)  OJ L 254, 24.09.1985, p. 37