ABSTRACT – This paper examines the factual and legal context considered by the Court of Justice of the European Union in case C-715/23, focusing on the legal classification of pharmacy operations under Directive 2014/23/EU on concession contracts and the allocation of competences between European Union law and national legislation in the management of services of general economic interest. The final sections reflect on the implications of this ruling for the Italian legal framework, where the regulation of public pharmacies remains anchored in provisions dating back several decades, even as evolving practice and jurisprudence have progressively reshaped its scope and application.
