Pharmacy operations in Austria

The Pharmacy Act (ApothekenG), still in force today, dates back to 1907. Although it has been amended nearly 50 times since then, the supply of medicinal products in Austria continues to rest on two fundamental pillars: the pharmacy monopoly under §59 (1) of the Medicines Act (AMG), which restricts the dispensing of medicines to pharmacies; and a needs-based assessment system for the establishment of new public pharmacies. This system is designed to reflect abstract customer demand and 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.