Currently there are several cases in the field of the European Union regarding Spanish
legislation on private pharmacy planning. The first of these cases was initiated by issuing a
reasoned opinion by the European Commission on 28 June 2006. The second approach has
taken place through the various preliminary questions raised before the Court of Justice of
the European Communities by certain Spanish courts. Although not all of the above
procedures have been completed, certain European pronouncements do provide what might
be the consequences that they may have on the Spanish legislation on the subject. It is very
likely that the binomial property-ownership in favor of pharmacists and planning criteria
established in the Spanish regulations is considered compatible with European law. On the
contrary, it is feasible that certain aspects of the merit scales applied by the Autonomous
Communities for awarding newly authorized community pharmacies must be changed