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Win in cases of so-called 1%

At the end of April 2022, a judgment of the Supreme Administrative Court was passed, in which it made a substantive opinion on the admissibility of the Pharmaceutical Inspection's withdrawal of authorizations for running pharmacies due to exceeding the 1% threshold.

The Supreme Administrative Court unequivocally ruled that there were no grounds for such a withdrawal and revoked the ruling of the court of first instance as well as the decisions of GIF and WIF.


In the verbal justification, he shared the key elements of the position of the representatives of the PharmaNET Pharmaceutical Employers' Association, including the need for a strict interpretation of regulations by 1%, he explicitly agreed in this respect with the dominant line of jurisprudence consisting of 12 judgments repealing decisions refusing to change permits after takeovers and pointed out that when lecturing art. 37ap PF, art. 103 of the PF, which regulates the revocation of permits more precisely and does not provide for their revocation due to exceeding the 1% threshold.

Apart from the pharmacy company and PharmaNET, represented by attorneys Marcin Tomasik and Filip Gołba, GIF, the Ombudsman for Small and Medium Enterprises, a prosecutor and 3 other social organizations also participated in the proceedings.


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