Poland's Pharmacy Advertising Ban Violates EU Law, Rules Court

The European Court of Justice (ECJ) has ruled that Poland's ban on advertising for pharmacies contravenes EU law. This decision comes after a complaint lodged by the European Commission, which argued that the restrictions impede the free movement of services and violate the principle of establishment within the EU.

In 2012, Poland amended its pharmaceutical law to include a provision that prohibits pharmacies from engaging in any form of advertising. According to Polish regulations, pharmacies are only permitted to inform the public about their locations and operating hours in a limited manner. Consequently, online and other electronic channels for commercial communication are barred.

The European Commission initiated proceedings against Poland in January 2019, followed by a formal notice in July 2020, and ultimately brought the case to the ECJ in 2023. The ECJ's judgment noted that the advertising prohibition creates significant barriers for pharmacies from other EU member states intending to provide services in Poland.

In its ruling, the ECJ affirmed that the e-commerce directive allows regulated professionals, including pharmacists, in Poland to utilize commercial online communications for promotional purposes. While the content and format of such communications must comply with specific professional standards, an absolute advertising ban is not permissible.

The court emphasized that the prohibition disproportionately affects a significant portion of pharmacists in Poland, limiting their ability to reach potential customers. The ruling stated that such restrictions also infringe upon the free movement of services and the freedom of establishment in relation to advertising methods not covered by existing directives.

The ECJ concluded that Poland failed to demonstrate that the advertising restrictions were justified by the need to protect public health or to combat the excessive use of medications while maintaining pharmacists' professional independence.

This landmark ruling could have implications for pharmaceutical marketing practices across Europe, potentially paving the way for a more competitive landscape in the pharmacy sector.