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The provisions of Article 99 (4) of the Pharmaceutical Law Act stipulate the requirements for obtaining a permit for operating a generally accessible pharmacy by a given entity. The entity operating the pharmacy obtained permission before the amendment of this provision by the amendment to the Pharmaceutical Law, but applied for its change after the entry into force of this amendment. Both the Voivodeship Pharmaceutical Inspector and the Main Pharmaceutical Inspector concluded that the entity applying for a change of authorization to operate a pharmacy, which it obtained before the entry into force of the Amendment Act, must meet the requirements imposed by the currently applicable provisions of the Pharmaceutical Law. The Voivodeship Administrative Court in Warsaw annulled the decisions of both instances appealed by the entity requesting a change of authorization. The gloss to the Court’s judgement is critical, in particular as regards the Court’s interpretation of the inter-temporal provisions contained in the Amending Act.

Glosa do wyroku Wojewódzkiego Sądu Administracyjnego w Warszawie z dnia 25 czerwca 2019 r. (VI SA/Wa 904/19)