Iustitias vestras iudicabo – European Commision’s action against Poland over the prohibition of pharmacy advertising

Abstract

In July 2023 the European Commission has announced bringing an action to the Court of Justice of the European Union against Poland. The action concerns on the functioning of the prohibition of pharmacy advertising in Polish law, which leads to the question - whether and how such prohibition may violate European law. The objective of this research paper is to give, in particular for a foreign reader, a general overview of the prohibition of pharmacy advertising institution, as well as the proceedings conducted by the European Commission under Art. 258 of the Treaty on the Functioning of the European Union against Poland. The other objective of this paper is to conclude whether there are existing any alternatives to resolve dispute between the Commission and Poland, without a necessity for bringing an action to the Court and also what are the possible consequences of not using them. The author of the paper shares his remarks on one of the allegations presented in the European Commission's press release.