Potential impact of European decisions and reports in pharmacy planning in Spain

ABSTRACT

Currently there are several cases in the field of the European Union regarding Spanishlegislation on private pharmacy planning. The first of these cases was initiated by issuing areasoned opinion by the European Commission on 28 June 2006. The second approach hastaken place through the various preliminary questions raised before the Court of Justice ofthe European Communities by certain Spanish courts. Although not all of the aboveprocedures have been completed, certain European pronouncements do provide what mightbe the consequences that they may have on the Spanish legislation on the subject. It is verylikely that the binomial property-ownership in favor of pharmacists and planning criteriaestablished in the Spanish regulations is considered compatible with European law. On thecontrary, it is feasible that certain aspects of the merit scales applied by the AutonomousCommunities for awarding newly authorized community pharmacies must be changed(AU)