The Court of Justice of the European Union has ruled that Poland, by banning the advertising of pharmacies and pharmacy outlets, has violated EU law on the freedom to provide services. However, the Supreme Pharmaceutical Council argues that the current regulations still effectively protect the independence of pharmacists and the welfare of patients.
Ban on pharmacy advertising: NRA on CJEU ruling
Published June 30, 2025 08:42
Fot . Robert Robaszewski / Agencja Gazeta
In a June 19, 2025 judgment (Case C-200/24), the Court of Justice of the European Union ruled that Article 94a (1) of the Pharmaceutical Law, which prohibits advertising of pharmacies and pharmacy outlets, is incompatible with European Union law - in particular, with the E-commerce Directive (2000/31/EC) and Articles 49 and 56 of the Treaty on the Functioning of the EU, which guarantee the freedom to provide services.
According to the CJEU, the ban limits pharmacies' ability to provide information about their services, which could affect the functioning of the EU internal market. Poland defended the legislation, arguing that its purpose is to protect pharmacists from pressure from pharmacy owners seeking to increase sales of specific products.
After the verdict was announced, the Supreme Pharmaceutical Council (NRA) stressed that the independence of pharmacists and their independence in professional decision-making are guaranteed by other regulations in force in the Polish legal order.
According to the Pharmacist Code of Ethics, a pharmacist has the right, among other things, to object to actions that are incompatible with his vocation, refuse to advertise his services or reject orders that restrict his professional autonomy. The Law on the Pharmaceutical Profession contains similar guarantees.
The pharmacist, as an independent medical professional, is obliged to be guided solely by the welfare of the patient - and is not bound by the employer's instructions in this regard. The pharmacy operator must allow him to make decisions independently, and violation of this obligation can result in the withdrawal of the pharmacy license by the pharmaceutical inspection.
The NRA points out that any attempt to subordinate a pharmacist to sales goals rather than health goals is illegal under Polish law. Pharmacists have not only the right, but also the duty to refuse to perform activities that violate their professional independence, and to report such attempts to the appropriate institutions - the provincial pharmaceutical inspector or the district pharmacy chamber.
Particular responsibility in this regard lies with pharmacy managers, who are required to ensure that all employees adhere to the principles of professional independence and self-reliance.
Source: NIA
