Pharmacy operations in Austria

Even though it has been amended almost 50 times since then, the supply of pharmaceuticals in Austria still rests on two cornerstones: the "pharmacy reservation" of Section 59 (1) ArzneimittelG, which only permits the dispensing of pharmaceuticals in pharmacies, on the one hand, and a needs assessment system for new public pharmacies to be established, on the other, which is based on abstract customer demand and is intended to protect existing public pharmacies from ruinous competition (territorial protection).

What we do: Our experts have many years of experience advising both applicants for pharmacy licences and owners of existing pharmacies. We assist in concession procedures, challenge negative decisions before regional administrative courts, and represent our clients' interests before Austria’s highest public law courts (Constitutional and Administrative Courts). We handle constitutional challenges and proceedings before the European Court of Justice. In addition, we advise on corporate law matters related to pharmacies - including sales and other transfers of pharmacy businesses, restructurings, share transfers, and protective ownership models.