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4.7.2009 |
EN |
Official Journal of the European Union |
C 153/5 |
Judgment of the Court (Grand Chamber) of 19 May 2009 — Commission of the European Communities v Italian Republic
(Case C-531/06) (1)
(Failure of a Member State to fulfil obligations - Freedom of establishment - Free movement of capital - Articles 43 EC and 56 EC - Public health - Pharmacies - Provisions restricting the right to operate a pharmacy to pharmacists alone - Justification - Reliability and quality of the provision of medicinal products to the public - Professional independence of pharmacists - Undertakings engaged in the distribution of pharmaceutical products - Municipal pharmacies)
2009/C 153/09
Language of the case: Italian
Parties
Applicant: Commission of the European Communities (represented by: E. Traversa and H. Krämer, Agents, assisted by G. Giacomini and E. Boglione, avvocati)
Defendant: Italian Republic (represented by: I.M. Braguglia, Agent, assisted by G. Fiengo, Agents, avvocato dello Stato)
Interveners in support of the defendant: Hellenic Republic (represented by: E. Skandalou, Agent), Kingdom of Spain (represented by: J. Rodríguez Cárcamo and F. Díez Moreno, Agents), French Republic (represented by: G. de Bergues and B. Messmer, Agents), Republic of Latvia (represented by: E. Balode-Buraka and L. Ostrovska, Agents), Republic of Austria (represented by: C. Pesendorfer and T. Kröll, Agents)
Re:
Failure of a Member State to fulfil obligations — Infringement of Articles 43 EC and 56 EC — Rules governing ownership of pharmacies
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders the Commission of the European Communities, the Italian Republic, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Latvia and the Republic of Austria to bear their own costs. |