Summary:
Original Link:
Original Article:
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)
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:
1. 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;
2. Orders the Republic of Poland to pay the costs.