Appeal by Cyprus Pharmacies on Operating Hours Denied

The Administrative Court has rejected an appeal filed by several pharmacies in Cyprus that sought to contest a directive from the Ministry of Health regarding the operating hours of pharmacies.

The pharmacies appealed based on Article 146 of the Constitution, which addresses objections to administrative acts. They argued that the ministerial directive regulating pharmacy hours constitutes an administrative act and, as such, should be subject to challenge.

However, the Administrative Court ruled otherwise, noting that ministerial orders effectively hold the force of law and therefore cannot be classified as administrative acts that can be contested.

In its ruling, the court indicated that the ministry's directive is a regulatory act equivalent to a law, rendering the pharmacies' lawsuit void.

Nevertheless, the court stated that specific aspects of the ministerial act could still be reviewed by the Supreme Court if it is found that they infringe upon constitutional human rights.

This case revolves around a legal dispute initiated by a group of pharmacies that wished to independently determine their operating hours instead of adhering to the ministerial directive on this matter.

It is worth noting that there were previous reports indicating that pharmacies in Cyprus threatened to close on public holidays and at night due to issues with their working hours and non-compliance with the established requirements by some pharmacies.

It was claimed that seven pharmacies had advantages and operated longer than permitted by the directive, leading to discontent from the pharmacists' association, which insists on strict adherence to the regulation.