Court of Justice (Grand Chamber) 19 May 2009, C-171/07 and C-172/07 (Apothekerkammer des Saarlandes and Others (C-171/07) and Helga Neumann-Seiwert (C-172/07) v Saarland and Ministerium für Justiz, Gesundheit und Soziales.)

Also known as

In joined Cases C-171/07 and C-172/07, the Court of Justice (Grand Chamber) addressed whether Articles 43 EC and 48 EC preclude national legislation (the German Law on Pharmacies, ApoG) that restricts ownership and operation of pharmacies exclusively to persons holding pharmacist status (the rule excluding non-pharmacists, 'Fremdbesitzverbot'). The Court held that, while such legislation constitutes a restriction on freedom of establishment, it is justified by the overriding public interest objective of ensuring reliable and high-quality provision of medicinal products to the public, given the particular risks associated with medicinal products and the professional independence and accountability inherent in pharmacist-operated pharmacies. Accordingly, Articles 43 EC and 48 EC do not preclude national legislation preventing non-pharmacists from owning and operating pharmacies, as the measure is both appropriate and proportionate to the objective of protecting public health.AI