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Supreme Administrative Court: using words such as “wholesale prices” in a name of a pharmacy is not allowed
In the analyzed case an entrepreneur applied for a license to operate a pharmacy open to the public and indicated that its name should include, among others, the words “wholesale prices”.
The Supreme Administrative Court (the SAC) stated that using the words “wholesale prices” in a name of a pharmacy shall be considered as advertising a pharmacy and therefore shall not be allowed.
The SAC cited the art. 94a par. 1 of the Polish Pharmaceutical Law (which, however, does not regulate the process of issuing a license to operate a pharmacy).
The SAC also ruled that there was no need to analyze whether the name of the pharmacy would mislead consumers (it was one of the main arguments of the entrepreneur wishing to operate the pharmacy under the controversial name).
The full text of the judgment is available under the following link:
http://orzeczenia.nsa.gov.pl/doc/580DDA6F81