28.1.2012

Official Journal of the European Union

C 25/20

(Case C-315/08) (<span class="oj-super oj-note-tag">1</span>)

(Article 104(3), first indent, of the Rules of Procedure - Article 49 TFEU - Freedom of establishment - Public health - Pharmacies - Proximity - Supply of medicinal products to the population - Operating authorisation - Territorial distribution of pharmacies - Minimum distance between pharmacies)

(2012/C 25/34)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Angelo Grisoli

Defendant: Regione Lombardia

Other party to the proceedings: Commune di Roccafranca

Re:

Reference for a preliminary ruling — Consiglio di Stato — Interpretation of Articles 152 and 153 EC — Opening of new pharmacies — National legislation fixing limits on the basis of the number of inhabitants and laying down the conditions for authorising the opening of a new pharmacy

Operative part of the order

Article 49 TFEU does not preclude national legislation, such as that at issue in the main proceedings, which limits the establishment of new pharmacies by providing that

—in towns with a population of less than 4 000 inhabitants, only one pharmacy may be set up and

—in towns with more than 4 000 inhabitants, the establishment of a new pharmacy is subject to conditions, such as the exceeding by at least 50 % of the number of inhabitants needed for a pharmacy and a minimum distance from already existing pharmacies,

on condition that such legislation permits, by way of derogation from its basic rules, the establishment of a sufficient number of pharmacies to guarantee an appropriate pharmaceutical service in areas with special demographic or geographical characteristics, something which it is for the national court to ascertain.

(<span class="oj-super">1</span>) OJ C 260, 11.10.2008.