Ban on advertising certain types of pharmacies SK 32/15
DECISION
of 15 July 2021
Ref. No. SK 32/15
The Constitutional Tribunal, composed of:
Piotr Pszczółkowski – Presiding Judge
Leon Kieres
Krystyna Pawłowicz
Jakub Stelina
Jarosław Wyrembak – Judge Rapporteur,
having considered, at a sitting in camera on 15 July 2021, the constitutional complaint of F. sp. z o.o. (a limited liability company under Polish law, with its registered office in P.), lodged with the Constitutional Tribunal to consider the conformity of:
Article 94a(1) of the Pharmaceutical Act of 6 September 2001 (Journal of Laws – Dz. U. of 2008, No. 45, item 271, as amended) – in the version in force since 1 January 2012, resulting from the amendment introduced by Article 60(7)(a) of the Act of 12 May 2011 on the reimbursement of expenses incurred on medicines, foodstuff for special dietary needs, and medical products (Journal of Laws – Dz. U. No. 122, item 696, as amended) – with:
– Article 2 of the Constitution, and the principle of appropriate legislation arising therefrom;
– Article 20 as well as Article 22 in conjunction with Article 31(3) of the Constitution;
– Article 54 in conjunction with Article 31(3) of the Constitution;
– Article 49 in conjunction with Article 31(3) of the Constitution;
– Article 68(1) in conjunction with Article 31(3) of the Constitution;
– Article 31(3) in conjunction with Article 2 of the Constitution.
d e c i d e s:
to discontinue the proceedings.
The ruling was adopted by a majority vote.
Piotr Pszczółkowski
Leon Kieres
Krystyna Pawłowicz (zdanie odrębne)
Jakub Stelina
Jarosław Wyrembak