Spanish political sources attach great importance

Germany has been incorporated into the club of countries pursued by the European Commission for

the constraints which sets its pharmaceutical model of self-opening of offices of pharmacy for

institution warns that some provisions of the German Pharmacy Act could be in violation of

freedom of establishment contained in Article of the Treaty of EC. This article prohibits any

restriction on the free opening of establishments for citizens or entrepreneurs of a EU member

state in another Member State and is the legal basis on which is based the complaint against

Spain and three other countries (Italy, Austria and France).

Germany is among the countries who defend the state competition to regulate health services. Only

pharmacists can own a botica and medicines can only be dispensed in a pharmacy. So far it has not

taken a decision on the Spanish case once that after the issue of a reasoned opinion, the

allegations were received from the Spanish Government to defend the model of pharmacy.

Although Brussels has set the first quarter of as the deadline to make its decision on

whether or not to send the case to Spanish European Court of Justice, Spanish sources have

pointed to a CF that the Commission will wait, probably, to be issued a decision on the Italian

case before taking a decision on Spain. "Brussels needs a bed on which to base legal recourse

against Spain-say these sources, and not all of them have to respect the decision on Italy"

This whole process-the opening of new cases of infringement, the delay of the sentence Italy, the

French presidency of the EU which starts in the second half and the position of Paris against the

liberalisation of the pharmacy europeaapuntaría a delay in decision on Spain, which at the moment

is good news for the Spanish government.

In a system as complex as the EU, which has great difficulty achieving internal agreements,

especially after the failure of the Constitution, the Court is the only institution that manages

to establish common doctrine and the Commission, which found strong resistance to their

liberalizers projects for the pharmacy, can not act without providing the reaction of the court

and its decisions on any resources.

Spanish political sources attach great importance to the court's decision, but added that "it is

difficult to anticipate which direction to go." "But from the careful reading of the judgement

when it starts, really, the battle to defend the Spanish model pharmacy."