Abstract

Basing on the views outlined in the science of law and court caselaw as well as the activities of other public authorities the article examines whether a permit for running a pharmacy open to the general public may be withdrawn because a given entity (or its direct or indirect subsidiaries) run more than 1% of such pharmacies in a voivodship. It was found that the provisions of the Pharmaceutical Law introducing this limitation are unconstitutional. The restriction of free competition arising from this provision seems to be contradictory with the EU law. The withdrawal of a permit for running a pharmacy open to the general public pursuant to Art. 99.3(2) and (3) of the Pharmaceutical Law is not incompliant with Art. 1.1 of Protocol no. 1 to the European Convention for Protection of Human Rights and Fundamental Freedoms. Pharmaceutical inspection authorities do not have any competence under the material law which would allow them to withdraw an already granted permit because of having exceeded the said limit.