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The administration can prevent the sale of illegal medicines but needs judicial authorisation to cease offering advice.

Servicios online. Cierre de web

On the basis of the protection of public health, the Administration can decide on its own, without the need for judicial authorisation, to stop the online marketing of illegal medicines in Spain.

But recommendations and opinions, being publications or recordings, fall into the category of other means of information and expression which, in order to safeguard constitutional rights, their cessation requires judicial authorisation.

These conclusions can be drawn from the recent Supreme Court ruling in a lawsuit brought by the managers of a website against the administrative decision that agreed the interruption and withdrawal of the online service it provided for the sale of two medicines whose marketing is prohibited in Spain. In addition, it offered advice on sexual health and reproductive rights to women.

The Supreme Court has ruled in favour of the Administration in relation to the cessation of the sale of prohibited medicines, for which it is authorised, but it understands that the principle of proportionality has been violated by interrupting access to the website in its entirety and not only with respect to the sale of illegal medicines, so it has ruled in favour of the website in this aspect, due to the lack of the required judicial authorisation.

If you feel harmed and disagree with an administrative action, our professionals will be able to advise you in the defence of your rights.