In its decision of 19 June 2025 the Court of Justice of the European Union upheld the action filed by the European Commission against Poland regarding the prohibition on advertising for pharmacies. Poland had issued a new law that entered into force in 2012, prohibiting advertisement for pharmacies, pharmaceutical outlets and the activities thereof, on pain of a fine. Under this law, pharmacies were only able to communicate limited information on their location and opening hours to the public.

The court held that Art. 8 para. 1 of the Directive 2000/31 on Certain Legal Aspects of Information Society Services, in particular Electronic Commerce, in the Internal Market (Directive on Electronic Commerce) laid down the principle that Member States are to ensure that the use of commercial communications provided by a member of a regulated profession is authorized in order to promote their activities. Even though such commercial communications were only permitted subject to compliance with the professional rules, Art. 8 para. 1 would be rendered ineffective in the case of general and absolute prohibition of any form of online advertising of a person practicing a regulated profession.

Furthermore, the court stated that the prohibition of advertising would restrict the freedom to provide services (Art. 56 of the Treaty on the Functioning of the European Union, TFEU) and the freedom of establishment (Art. 49 TFEU). Poland was unable to demonstrate that the restriction of these two fundamental principles could be justified on grounds of public health.

Therefore, the Court of Justice of the European Union concluded that the prohibition of advertising under Polish law is contrary to EU law.

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