Estonia, Legislation, Markets and Companies, Medicine

The court also left unchanged the preliminary legal protection granted on October 11, which will enable the pharmacy to continue offering pharmaceutical services during the solving of the complaint, the court said.

The pharmacy in its notice of appeal said that the document proving the right to use the premises is not so much important as whether it actually has the right to use the premises. The pharmacy and PERH are disputing over the right to use the premises in a civil matter handled by the Harju county court.

The decision can be contested in the Tartu circuit court until December 18.

The Agency of Medicines is deliberating appealing the court's decision after thoroughly familiarizing itself with the decision.

"At present it is yet too early to say whether to appeal. We are taking the court's decision very seriously, will review on what circumstances the court reached such a decision. We have 30 days to decide whether to appeal," Andrus Varki, legal adviser at the Agency of Medicines, told BNS.

Varki said that the court also admitted during sittings that the topic is difficult as the law is not unambiguously clear on the matter. "Achieving legal clarity on the matter is important to all parties," he said.

Terve Pere Apteek, operator of pharmacies under the Apotheka brand, has been running a pharmacy at PERH for years. This summer, as the pharmacy's rent agreement was about to expire, the hospital staged a competition for the contract to operate the pharmacy, which was won by Benu Apteek Eesti OU.

When the rent agreement expired in October, Terve Pere Apteek refused to vacate the premises citing shortcomings in the conduct of the competition and a valid accord concerning rent with PERH. The medical center on Oct. 4 filed an action against Terve Pere Apteek to the Harju county court, demanding that the premises be vacated.

The Agency of Medicines then suspended the activity license of Terve Pere Apteek, citing the Medicinal Products Act, according to which a pharmacy must hold a legal basis for operating in a specific place. The pharmacy appealed the decision and applied for a continuation of the activity license on the basis of preliminary legal protection.

Terve Pere Apteek then turned to the Tartu administrative court with an application for preliminary legal protection, which the court granted on October 11.

Terve Pere Apteek OU belongs to Magnum AS, a holding of Up Invest whose other holdings include BNS.