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The Constitutional Court upholds the Remedy of Amparo lodged by a pharmacist from Barcelona

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The Constitutional Court upholds the Remedy of Amparo lodged by a pharmacist from Barcelona

On July 15th 2020, the Constitutional Court upheld the Appeal for Amparo by José Luis Aguilar, a partner of Andersen, and a pharmacist from Barcelona, who considered that the right to effective judicial protection was of constitutional importance.

The Appeal for Amparo debated the legitimacy of the pharmacists to claim, on an individual basis, the interest earned as a result of the late payments made by the Catalan Health Service, in relation to those invoices that are payable by that Public Entity. This lack of legitimacy was based on the fact that the Pharmacy Offices are not part of the Agreement signed between the Catalan Health Service and the Council of Pharmaceutical Colleges of Catalonia and, therefore, only the College could claim compliance with the obligation to pay arising from the Pharmaceutical Care Agreement and the corresponding interest on late payments.

The Appeal for Amparo was filed after exhausting the administrative court procedure. According to the administrative litigation law, certain matters are resolved with a non-appealable judgment before the higher court of justice, which leads to the search for other channels such as the Appeal for Amparo.

Thus, the decision of the Appeal for Amparo has involved the unification of the minor doctrine of the various contentious-administrative courts of Barcelona. This is a controversial issue that has been discussed since 2015, and there is a disparity in pronouncements, although the balance leans in favour of pharmacists.

Read the full article in Confilegal

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