A European Perspective #1 | POLAND
On 19 June 2025, the Court of Justice of the European Union (CJEU) delivered an important judgment in Case C-200/24, on Poland’s ban on pharmacy advertising. The Court held that Article 94a(1) of the Polish Pharmaceutical Law, which prohibited advertising of pharmacies, is incompatible with the Treaty on the Functioning of the European Union (TFEU) and Directive 2000/31/EC on electronic commerce. The ruling has created significant legal uncertainty in the Polish market and is expected to fundamentally reshape the regulatory framework governing pharmacy promotion.
Under Article 94a(1), advertising of pharmacies, pharmacy outlets and their activities was prohibited. The only permitted communication concerned information on the location and opening hours. In practice, the provision was interpreted very strictly by the Polish Pharmaceutical Inspection. Authorities challenged not only clearly promotional activities – such as promotional leaflets, loyalty programmes or discount coupons – but also any communication exceeding basic operational information. In certain cases, enforcement actions also targeted activities such as informing patients about free pharmaceutical services available in a pharmacy, or publishing lists of pharmacies where specific medicines or services were available.
The CJEU held that a general and absolute prohibition on pharmacy advertising constitutes a disproportionate restriction under EU law. While Member States may regulate the form, content and methods of advertising in order to protect public health, the Court emphasised that a blanket ban goes beyond what is necessary and proportionate.
Although Article 94a(1) has not yet been formally repealed, the CJEU judgment means that the provision should no longer be applied due to its incompatibility with EU law. While the Pharmaceutical Inspection initially maintained that the provision formally remained in force (and therefore should be still applied), Polish administrative courts, when reviewing the legality of the Inspection’s decisions, have consistently refused to apply it. Furthermore, the judgment may also open the door to reopening past administrative proceedings and challenging historical fines imposed on pharmacy operators.
The Polish government is currently preparing an amendment to the Pharmaceutical Law that would replace the blanket prohibition with a system of targeted restrictions on pharmacy advertising. The draft proposal – currently at a pre-parliamentary stage – would prohibit, among others:
- offering benefits or incentives linked to the purchase of products in pharmacies;
- comparative advertising;
- using the image of persons with medical qualifications in promotional materials; and
- combining pharmacy promotion with information unrelated to pharmacy activities.
At the same time, the proposal would increase the maximum administrative fine for breaches of advertising rules from PLN 50,000 to PLN 100,000.
Key Takeaways
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The regulatory framework is currently in transition. Companies should closely monitor the legislative process, including the final scope of permitted promotional activities and the expected entry into force timeline of the new rules.
- Pharmacy operators should assess whether past or pending administrative proceedings concerning alleged advertising violations may be challenged, reopened or discontinued in light of the CJEU ruling.
- Pharmacy operators and pharmaceutical companies could consider adjusting promotional activities during the transitional period, in line with the judgement of the Court of Justice, and after the new regulations are adopted.
