Original judgement upheld with Chemimart winning the right to relocate pharmacy
Gerald Fenech
The Superintendent of Public Health lost its appeal to obstruct Chemimart Ltd from re-locating its pharmacy formerly located in City Gate Arcades to its outlet in Republic Street.
The court also dismissed the appeal lodged by the Small Businesses Chamber (GRTU) Pharmacy Owners section and other pharmacy owners in Republic Street, Valletta, who objected to the relocation citing the Pharmacy Regulations.
Reginald Fava, the owner of Chemimart Ltd, had originally won his case to relocate the pharmacy on a temporary basis arguing that the Medicines Act allows for ‘special circumstances’ – thus superseding the Pharmacy Regulations, which clearly state that pharmacies cannot be located at distances less than 300 metres from each other.
In their 26-page judgement, Appeals Court judges Chief Justice Vincent Degaetano, Justice Alberto J. Magri and Justice Tonio Mallia reiterated that the appeal had no legal grounds as the pharmacy regulations cannot overcome what are termed as special circumstances, a category which clearly includes forced relocation.
The judgement also states that the regulations are not to be interpreted as handing any third-party rights to pharmacy owners, adding that the Superintendent of Public Health had actually jumped on the bandwagon (‘rikeb il-karru’) of the pharmacy owners and their representatives in this case.
It also states that the regulations are intended to enforce public order and ensure a good service but in no way does it attempt to allow pharmacy owners to use the said regulations to enhance their financial interests by impeding other pharmacies to open within the stipulated distances.
The judgement has long reaching implications as it opens up new grounds for the argument to supersede legal notices on the grounds of special circumstances or force majeure.
Speaking to MaltaToday after the judgement, an elated Reginald Fava said that he felt ‘vindicated’ by the wording of the said judgement.
“The Courts threw out all three appeals clearly vindicating our position which was seen as being sane and reasonable. I feel that we went through all this for nothing as I was only asking for a right to temporarily re-locate my pharmacy to another location until refurbishment works are completed on the alternative premises handed over by government”, Fava said.
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