Standard of evidence and regulatory coherence in healthcare. A commentary on the CJEU Judgment of 19 June 2025 in Case C-200/24 European Commission v. Republic of Poland
Standard of evidence and regulatory coherence in healthcare. A commentary on the CJEU Judgment of 19 June 2025 in Case C-200/24 European Commission v. Republic of Poland

Summary/Abstract: The author analyses in this commentary the CJEU judgment in Case C-200/24 concerning Poland’s absolute ban on pharmacy advertising. The conflict between national health regulations and EU internal market freedoms is examined. Using dogmatic and teleological methods, the author evaluates the Court’s application of the proportionality and coherence tests. The key finding highlights the “empirical turn” in EU case law, where the Member States must provide concrete scientific data to justify market restrictions. The judgment exposes the inconsistency of the Polish system, which permitted over-the-counter (OTC) sales in non-pharmacy outlets while silencing professionals. This commentary is significant, because it defines a higher standard of evidence in healthcare law and reaffirms the principle of primacy, offering a roadmap for post-2025 legal practice.

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