Advertising by Pharmacies (cepInput)
The CJEU is currently hearing a case regarding the French regulation of advertising by pharmacies. A cepInput describes the French regulations, explains the questions of the CJEU proceedings, looks at the Italian and German regulations in comparison and assesses the Opinion of the Advocate General.
The French regulations have led to a de facto ban on advertising by pharmacies. EU pharmacies which are not "physically" represented on the French market are most affected. Without advertising they are not "visible" to potential consumers. It would therefore be advisable for the CJEU to follow its decision in the Vanderborght case where it regarded a total ban on the advertising of dental care services as an unjustified restriction of the freedom to provide services. Analogously, total bans on advertising by pharmacies should be regarded as an unjustified restriction of the free movement of goods.