The Supreme Court of the Nation rejected on Wednesday the claim presented by the company Farmacity to settle in the province of Buenos Aires against the current regulations, which prohibit pharmacies in the name of public limited companies. In this case the composition of the highest court was different since Martín Irurzun and Mirta Gladis Sotelo de Andreu participated because Carlos Rosenkratz and Horacio Rosatti excused themselves.
Resolution of the Supreme Court of Justice of the Nation in case CSJ 118/2017/RH1 “Farmacity S.A.c/ Fisco de la Provincia de Buenos Aires y otro s/ pretension anulatoria – recurso extraordinario de inaplicabilidad de ley” https://t.co/ifoHImU8aL — Centro de Información Judicial (@cijudicial)
June 30, 2021
Farmacity S.A. filed a lawsuit against the Province of Buenos Aires in order to obtain the declaration of nullity of certain acts for which it was denied a generic request to operate at the provincial level. Judge Irurzun, in a concurring opinion, affirmed that the limitations imposed on the authorization of the exercise of the pharmaceutical activity do not violate the rights and guarantees recognized by the National Constitution.
Judges Lorenzetti and Highton indicated that the issue raised does not fall within the powers that the current legal system recognizes as exclusive and exclusive of the Congress of the Nation and is not a matter expressly forbidden to the province, which is why it is a competence of shared and concurrent concern.