The European Commission sued Poland to the CJEU. There was a ban on advertising pharmacies

“According to the Directive on electronic commerce, members of regulated professions, such as pharmacists, should be able to use information society services to promote their activities. Both the Directive on electronic commerce and the Treaty on the Functioning of the European Union (TFEU) should be interpreted in this way that they preclude national legislation from imposing a general and total ban on advertising of pharmacies and their activities. This position has also been confirmed by the Court of Justice of the European Union,” explains the European Commission in an official communication.

Poland sued to the CJEU. The European Commission believes that Polish law violates the E-Commerce Directive

However, according to Polish law, pharmacies are only allowed to provide the public with limited information regarding their location and opening hours. Therefore, they may not use the Internet or other electronic and non-electronic means for commercial communication. The European Commission believes that Polish law violates the E-Commerce Directive and Art. 49 and Art. 56 TFEU because, as we read in the communication, a total ban is not justified and is not proportionate in the context of public health interests.

“Although some necessary restrictions can be left to prevent marketing practices that could have a negative impact on public health, a total ban on advertising hampers market competitiveness and is an obstacle to the development and promotion of modern services that directly benefit patients,” the Commission concluded. In January 2019, the EC sent a letter of formal notice to Poland, followed by a reasoned opinion a year later. However, the Commission found that Poland was still in breach of EU rules, and therefore decided to refer the case to the Court of Justice of the European Union.