So have given the rigid limit of 5,500 dependents for the competent national authorities no way to

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Vienna. The Administrative Court (Administrative Court) has clarified the effects of the current judgment of the European Court of Justice (ECJ) to Austria in a new decision. catskill craftsmen An open letter to unlock new pharmacies therefore is not this.
Background: The Health Minister had granted the concession to build and operate a new community pharmacy in Krems on the Danube; catskill craftsmen the objection of a neighboring pharmacy was dismissed. In the opinion of the Austrian Chamber of Pharmacists, the demand is given, the neighbor pharmacy left more than 5,500 people to care. The unsuccessful competitor thereupon appealed to the Supreme Court.
According to 10, paragraph 2, point 3 Pharmacy Law is a need for a newly built community catskill craftsmen pharmacy does not exist when the number of representatives catskill craftsmen to the establishment of one of the surrounding existing public pharmacies continue to carers is reduced as a result of new construction and less than 5,500 will; in such a case, the concession would be to fail, according to a press release of the Administrative Court.
The action brought by the owner of a neighboring pharmacy against the licensing administration Court first on the judgment of the Court of Justice of the European Union (ECJ) of 13 February 2014 (C-367/12). It shows that while there are in principle no objection to the procedure provided in the ApG concession system. However, the ECJ harbored doubts as to whether the Austrian catskill craftsmen legislation ( 10 paragraph 2 item 3 ApG) is suitable to achieve the desired goal of safe and high quality care for the population with medicines.
So have given the rigid limit of 5,500 dependents for the competent national authorities no way to take into account local peculiarities. Under such local characteristics, the Court understands rural and remote areas with few and scattered inhabitants settled; they are to be considered if they require the establishment of a new pharmacy, so that the population (and the limitation in mobility persons and those with urgent or frequent medical supplies), a pharmacy "within a reasonable distance" finds. Supreme Court of the Word
These held the Administrative Court that: The Union law precludes the dismissal of pharmacy license application against because of reduction of customer potential of a neighboring pharmacy to below 5,500 to be supplied to customers catskill craftsmen when the pharmacy newly requested is required for the in certain rural and remote areas of resident population - taking into consideration on the supply of medicines by dispensing doctors and taking catskill craftsmen into account the accessibility by motor vehicles - to ensure the reasonable availability of a drug delivery point.
In such a case, the courts and authorities have to allow the provision of 10 para 2 3 ApG unapplied and to award the license. Otherwise, catskill craftsmen 10 para 2 shall continue to apply 3 ApG.
In the present case there is the establishment of the newly proposed pharmacy in the city of Krems; it is ruled out from the outset that the new pharmacy is required to ensure a reasonable Directions for the population of a remote rural area. The needs test is therefore - as before? 2 Z. make 3 ApG in accordance with 10 paragraph, the Administrative Court.
Nevertheless, here the complaint, the owner of a neighboring pharmacy was justified because the required conditions had been determined defective, so that the concession granted was set aside as a result of a breach of procedural rules.
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