Acate, the Catania TAR confirms the legitimacy of the new organizational plan for pharmacies

The Catania Administrative Court has rejected the appeal filed by the two pharmacies in the urban center of Acate against the revision of the organizational plan approved by the Municipality, confirming the full legitimacy of the acts adopted by the administration.

The mayor personally followed the entire procedural process, emphasizing how the court's decision reaffirms what was already stated in the municipal council. The entity's choice was to establish a third pharmaceutical location, redrawing the relevant area to include both Marina di Acate and part of the urban center. This modification was deemed necessary because the previous delineation, limited to the coastal strip, had never been chosen by any pharmacist.

The appealing pharmacies challenged the use of demographic data that did not match Istat figures and the alleged violation of the ratio of one pharmacy for every 3,300 inhabitants. However, the court clarified that the parameter should refer to the total population of the Municipality, not to individual districts, and that the use of demographic data updated by municipal offices is legitimate even if the Istat publication has not yet occurred.

The ruling also reaffirms the broad discretion of the Municipality in planning pharmaceutical services, which can only be challenged in cases of manifest illogicality. In the case of Acate, the new delineation was deemed consistent with the public interest, especially in light of the favorable opinions from the Health Authority and the Order of Pharmacists.

Finally, the court recognized that the previous delimitation of the coastal area did not guarantee adequate service, as it had never been chosen in previous inquiries. Hence, the need to extend the district to include the urban center to ensure a more balanced and functional distribution of pharmacies.

The two appealing pharmacies have been ordered to reimburse the legal costs.