Total ban on advertising pharmacies in Poland incompatible with EU law

Pursuant to the provisions of Pharmaceutical Law in force since 2012, pharmacies and pharmacy points are subject to a ban on advertising. Only information on location and opening hours may be made publicly available. The ban is subject to a fine of up to PLN 50,000.

The European Commission initiated an infringement procedure against Poland in 2019. According to the Commission, the advertising ban is contrary to EU rules on the use of commercial communication that is part of an information society service provided by a member of a regulated profession, and also infringes the freedom of establishment and the freedom to provide services.

Given Poland’s position denying the infringement and the lack of appropriate action, the Commission filed a complaint against Poland with the Court of Justice of the EU.

In its judgment of 19 June 2025, case C-200/24, the court of Justice of the EU referred to the arguments of both parties to the dispute.

In particular, the CJEU referred to Art. 8(1) od the Directive 2000/21, according to which Member States are to ensure that the use of commercial communications which are part of and information society service provided by a member of a regulated profession or constitute such a service is permitted. The arguments of the Polish government that not all pharmacists work in pharmacies were not accepted. The Court emphasised that Article 24 of the Directive 2006/123 abolishes all total prohibitions on commercial communications provided by members of a regulated professions, introducing the requirement that such communications must comply with specific professional rules.

The Commission accused Poland of the advertising ban hindering, among other things, the provision of cross-border services, and thus restricting the EU’s internal market freedoms.

Poland argued that the ban resulting from Art. 94a(1) of the amended Pharmaceutical Law protects public health, firstly, by limiting excessive consumption of medicines and dietary supplements, and, secondly, by maintaining the professional independence of pharmacists.

The Court found, however, that the ban has no connection with the public health objective of combating excessive consumption of medicinal products, because it concerns pharmacies and pharmacy points, not advertising of medicines. It is also significant that a large part of medicinal products available without a prescription is purchased in Poland in shops, supermarkets or petrol stations. This problem is therefore, not related to the functioning of pharmacies.

The CJEU also did not agree with the argument about the need to maintain the independence of pharmacists. It stated that the ban on all advertising of pharmacies, pharmacy points and their activities cannot protect pharmacists from pressures that pharmacy owners could exert in order to influence the way pharmacists advise their customers. Such pressures could occur regardless of the existence of advertising of these pharmacies.

Consequently, the Court found that Art. 94a(1) of the Act of 6 September 2001 – Pharmaceutical Law is incompatible with Art. 8(1) of the Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular e-commerce in the internal market (Directives on e-commerce). Thus, Poland failed to fulfil its obligations under that provision and under Articles 49 and 56 TFEU.

• judgment of the CJEU of 19 June 2025, C-200/24