Judgment of the Court (Third Chamber) of 21 June 2012 (reference for a preliminary ruling from the Korkein hallinto-oikeus - Finland) - Proceedings brought by Marja-Liisa Susisalo, Olli Tuomaala, Merja Ritala

(Case C-84/11) 

(Article 49 TFEU - Freedom of establishment - Public health - Pharmacies - National licensing scheme for the operation of pharmacies - Establishment of branch pharmacies - Conditions which differ according to whether the pharmacy is a private pharmacy or a University of Helsinki pharmacy - University of Helsinki Pharmacy having specific tasks in connection with pharmacy teaching and pharmaceutical services)

Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Parties in the main proceedings

Marja-Liisa Susisalo, Olli Tuomaala, Merja Ritala

Intervening party

Helsingin yliopiston apteekki

Re:

Reference for a preliminary ruling - Korkein hallinto-oikeus - Interpretation of Articles 49 and 106(2) TFEU - Freedom of establishment - Licensing scheme for the operation of pharmacies - National law providing for a licensing scheme for the operation of pharmacies with conditions which are more favourable for University pharmacies than for private pharmacies - University Pharmacy having specific responsibilities relating to pharmacy teaching and to the supply of medicines

Operative part of the judgment

Article 49 TFEU must be interpreted as meaning that it does not preclude a national law, such as that at issue in the main proceedings, which provides for a licensing scheme for the operation of branch pharmacies specific to the Helsingin yliopiston apteekki which is more favourable than that applicable to private pharmacies, provided that - which is for the referring court to verify - the branches of the Helsingin yliopiston apteekki actually participate in the accomplishment of the specific tasks relating to the teaching of pharmacy students, research on pharmaceutical services and the manufacture of rare pharmaceutical preparations conferred on the latter by national law

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¹ - OJ C 145, 14.5.2011.