Monitor Prawniczy

no. 6/2017

Distance sale of medicinal products. Analysis of EU regulations

Zbigniew Więckowski
Asystent i doktorant w Katedrze Prawa Cywilnego i Prawa Prywatnego Międzynarodowego WPiA UKSW w Warszawie.
Abstract

The author has presented the phenomenon of distance sale of medicinal products from the perspective of EU legislation. The main documents regulating this area include Directive of the European Parliament and of the Council 2011/62 / EU of 8 June 2011 and the Implementing Regulation of the European Commission No. 699/2014 of 24 June 2014. The article provides the definition of an online pharmacy and indicates (basing on literature) the advantages and disadvantages of distance sale of medicines. Basing on the provisions of the Directive the author has presented the conditions of distance sale of medicinal products. He has also analyzed such issues as: ban on distance sale of medicines as a threat to the free movement of goods and services, illegal distance sales of medicines as a threat to public health, considerations of public health and the prerequisites for the supply of medicinal products in distance sale. The Implementing Regulation laying down the so-called common logo has been critically described. The article ends with a summary and de lege ferenda conclusions.