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 Spanish legislation on private pharmacy planning. The first of these cases was initiated by issuing a reasoned opinion by the European Commission on 28 June 2006. The second approach has taken place through the various preliminary questions raised before the Court of Justice of the European Communities by certain Spanish courts. Although not all of the above procedures have been completed, certain European pronouncements do provide what might be the consequences that they may have on the Spanish legislation on the subject. It is very likely that the binomial property-ownership in favor of pharmacists and planning criteria established in the Spanish regulations is considered compatible with European law. On the contrary, it is feasible that certain aspects of the merit scales applied by the Autonomous Communities for awarding newly authorized community pharmacies must be changed.