Opinion on Poland’s obligation to allow sale in pharmacies of a medicinal product ellaOne without prescription

Abstract

The opinion deals with the effects of the European Commission Implementing Decision whereby ellaOne is commercially available in all Member States without a prescription. The analysis leads to the conclusion that under the existing law, Poland is obliged to implement the decision of the Executive Committee and the medicinal product ellaOne should be available over-the-counter. Nevertheless, Polish legislature may decide to exclude or restrict the sale or use of medicinal products as contraceptives or abortifacients. Therefore, it is permissible to adopt a regulation to prohibit the sale of ellaOne or adopt provisions specifying that it will be available in Poland only on prescription