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Case C-200/24: Judgment of the Court (Ninth Chamber) of 19 June 2025 – Commission v Poland (Advertising for pharmacies) (Failure of a Member State to fulfil obligations – Article 49 TFEU – Freedom of establishment – Article 56 TFEU – Freedom to provide services – Directive 2000/31/EC – Electronic commerce – Article 8(1) – Commercial communications service provided by a member of a regulated profession – National legislation prohibiting advertising for pharmacies and pharmaceutical outlets as well as for the activities thereof – Restriction – Whether justified – Protection of public health)

ECLI:EU:UNKNOWN:62024CA0200

62024CA0200

June 19, 2025
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Official Journal of the European Union

C series

C/2025/4251

11.8.2025

(Case C-200/24)

(Failure of a Member State to fulfil obligations - Article 49 TFEU - Freedom of establishment - Article 56 TFEU - Freedom to provide services - Directive 2000/31/EC - Electronic commerce - Article 8(1) - Commercial communications service provided by a member of a regulated profession - National legislation prohibiting advertising for pharmacies and pharmaceutical outlets as well as for the activities thereof - Restriction - Whether justified - Protection of public health)

(C/2025/4251)

Language of the case: Polish

Parties

Applicant: European Commission (represented by: U. Małecka and M. Mataija, acting as Agents)

Defendant: Republic of Poland (represented by: B. Majczyna and D. Lutostańska, acting as Agents)

Operative part of the judgment

The Court:

Declares that, by adopting Article 94a(1) of the ustawa – Prawo farmaceutyczne (Law on Medicines) of 6 September 2001, the Republic of Poland failed to fulfil its obligations under Article 8(1) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce), and under Articles 49 and 56 TFEU;

Orders the Republic of Poland to pay the costs.

(1) OJ C, C/3062/2024.

ELI: http://data.europa.eu/eli/C/2025/4251/oj

ISSN 1977-091X (electronic edition)

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