Ban on so-called reverse distribution of medicines as a public tribute?

Abstract

The Act – Entrepreneurs’ Law provides that an entrepreneur may submit an application to a competent authority or a competent state organisational unit for issuance of an explanation regarding the scope and manner of application of regulations from which the entrepreneur’s obligation to pay public levy or social or health insurance contributions arises, in his/her individual case (individual interpretation). The effective filing of an application requires the fulfilment of subjectmatter prerequisites, i.e. the application may be filed only by an entrepreneur and only in relations to the provisions concerning public levy or social and health insurance contributions. The article analyses the restrictions on the sale of medicines (prohibition of the so-called reverse distribution of medicines), in the context of the possibility of qualifying these restrictions as public tributes. The paper indicates what public burdens and benefits and public tributes are in the light of the applicable legislation, doctrinal views and case law. It is clear from the article that the prohibition of the so-called reverse distribution of medicines is an important restriction for the entrepreneur, but it is not a public tribute. Consequently, the conclusion is drawn that an entrepreneur cannot successfully apply for an interpretative decision regarding Article 86a of the Pharmaceutical Law.