Cosmetic treatments conducted on the premises of a pharmacy are impermissible. This was ruled by the Administrative Court of Minden in a decision issued today.
The plaintiff, a pharmacist from Bielefeld, operates a branch pharmacy in Gütersloh, on the upper floor of which she offers cosmetic treatments such as peeling, relaxation massage, eyebrow correction, and manicure. The room is accessed via an external staircase and a corridor, from which storage rooms and the laboratory belonging to the pharmacy are also accessible.
In this configuration, the cosmetic treatments offered by the plaintiff violate the regulations of the Pharmacy Operating Regulations, according to the competent 7th Chamber of the Administrative Court. The cosmetic treatments offered by the plaintiff neither constitute a service readily associated with pharmacy operations nor are they a so-called ancillary business permitted within the pharmacy premises. It must be considered that the pharmacist's activity must always be measured against their mandate to ensure the proper supply of medicines to the population. This priority of the pharmaceutical supply mandate prohibits a business model that – as in this case – gives rise to concerns that the pharmacy could develop into a beauty salon. According to her website presence, the plaintiff advertises her “cosmetic area” as a complete beauty salon with extensive and diverse service packages, which in individual cases are even intended to take approximately 150 minutes.
The question of whether cosmetic treatments are permissible in rooms separated from the operating premises of a pharmacy was not the subject of the proceedings.
An application for leave to appeal against the judgment may be filed within one month, which will be decided by the Higher Administrative Court for the State of North Rhine-Westphalia.
Judgment of the Administrative Court Minden of January 26, 2011 – 7 K 1647/10 (not yet legally binding – as of 04.02.2011)
Source: Press release of the Administrative Court Minden
Goldberg Rechtsanwälte
Attorney Michael Ullrich, LL.M. (Information Law)
Specialist Lawyer for Information Technology Law (IT Law)
Email: info@goldberg.de
