The spanish model of pharmaceutical regulation in the european community context of freedom of establishment

Abstract

The requirements for the establishment of a pharmacy, subject to a regime of geographical planning based on population modules and minimum distances, as well as the reserve of the pharmacies ownership in favour of graduate pharmacists, have constantly been object of controversy in Spanish Law. The debate has been revived again recently by the European Commission, which has delivered a detailed opinion questioning the compliance of the abovementioned Spanish system of regulation of the establishment of pharmacies with the freedom of establishment as consecrated in art. 43 of the EC treaty, and which can be the prelude to an action against Kingdom of Spain before the CJEC (Court of Justice of the European Communities) for the contravention of Community Law. This work is aimed at the study of the repercussion that the mentioned community freedom of establishment has on the regulation of the pharmacy sector and, therefore, at the study of the degree of compatibility of the Spanish regulation of the sector with the imperatives derived from Community Law.