Praktyka stosowania i wykładni art. 99 ust. 3 ustawy Prawo farmaceutyczne — glosa do wyroku WSA w Warszawie z 2 sierpnia 2022 roku, V SA/Wa 4749/21
Practice of application and interpretation of Art. 99 Section 3 of the Act — Pharmaceutical Law — glossary to the Judgment of the Regional Administrative Court in Warsaw of August 2, 2022, V SA/WA 4749/21

Summary/Abstract: The subject of the study is a critical assessment of the position expressed by the Voivodeship Administrative Court in the judgment of August 2, 2022, V SA/Wa 4749/21 regarding significant (from a practical perspective) problem of the correct interpretation of Art. 99 sec. 3 of the Pharmaceutical Law. The commented judgement returns to such an interpretation of the law that is unacceptable both in light of the methods of law interpretation adopted in jurisprudence, and, above all, in light of constitutional values. This interpretation extends the interpretation of Art. 99 sec. 3 points 2 and 3 of the Act on Pharmacy, assuming that “the requirement to comply with the limit of pharmacies is one of the basic conditions not only for obtaining a permit, but also for further activity of the entity running the pharmacy”. The above view has already been repeatedly and convincingly rejected in the latest jurisprudence of the Supreme Administrative Court, giving rise to a stable — as can be assumed — line of jurisprudence on the so-called anti-concentration restrictions in the Pharmaceutical Law.

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