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Document 62012CN0161
Case C-161/12: Reference for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia (Italy) lodged on 2 April 2012 — Anna Muzzio v A.S.L. Pavia and Others
Case C-161/12: Reference for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia (Italy) lodged on 2 April 2012 — Anna Muzzio v A.S.L. Pavia and Others
Case C-161/12: Reference for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia (Italy) lodged on 2 April 2012 — Anna Muzzio v A.S.L. Pavia and Others
OJ C 157, 2.6.2012, p. 5–6
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
2.6.2012 |
EN |
Official Journal of the European Union |
C 157/5 |
Reference for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia (Italy) lodged on 2 April 2012 — Anna Muzzio v A.S.L. Pavia and Others
(Case C-161/12)
2012/C 157/09
Language of the case: Italian
Referring court
Tribunale Amministrativo Regionale per la Lombardia
Parties to the main proceedings
Applicant: Anna Muzzio
Defendants: A.S.L. Pavia and Others
Question referred
Do the principles of freedom of establishment, non-discrimination and the preservation of competition under Article 49 et seq TFEU preclude national legislation which does not allow a pharmacist, who is qualified and entered in the relevant professional register but does not own a pharmacy on the ‘pianta organica’ [territorial grid], also to offer for retail sale, in the para-pharmacy owned by that pharmacist, pharmaceutical products which are subject to a prescription in the form of a ‘ricetta bianca’ — that is to say, pharmaceutical products the cost of which is borne not by the [national health service] but wholly by the citizen — and which accordingly also establishes in that sector a prohibition on the sale of certain categories of pharmaceutical product, as well as a quota in relation to the number of commercial outlets which may be established in the national territory?