Apotheka ordered to pay PERH €165,000 in damages
Harju County Court satisfied the appeal of North Estonia Medical Centre (PERH), based on which Terve Pere Apteek, a chain of pharmacies operating under the Apotheka brand, must pay PERH €165,000 in damages, daily Eesti Päevaleht reports.
The rental dispute between PERH and Terve Pere Apteek OÜ over the pharmacy premises at the hospital has been ongoing for approximately five months.
A hearing has not yet been scheduled, but in the meantime, PERH has filed several applications with the court for preliminary legal protection. Currently, PERH applied for the compensation of damages caused during the rental dispute.
PERH Administrative Director Aivi Karu told the paper that Harju County Court ruled to satisfy their application and garnish the bank accounts of Terve Pere Apteek OÜ in the amount of €165,000 for the benefit of the hospital. According to Karu, this sum correspnds to the amount of damages caused to the hospital as of the submission of the application.
Terve Pere Apteek OÜ has the right to file a notice of appeal within 15 days.
Terve Pere Apteek, the operator of a chain of pharmacies under the Apotheka brand, has run a pharmacy location at PERH for years. Last summer, as the pharmacy's lease was set to expire, the hospital held a competition for the contract to operate the pharmacy location, which was won by Benu Apteek Eesti OÜ.
When the previous lease expired in October, Terve Pere Apteek refused to vacate the premises, citing shortcomings in how the competition was conducted as well as a valid accord regarding rent with PERH. On Oct. 4, PERH filed an action against Terve Pere Apteek with Harju County Court, demanding that the premises be vacated.
On Oct. 9, the Agency of Medicines suspended the activity license of Terve Pere Apteek, citing the Medicinal Products Act, according to which a pharmacy must hold a legal basis for operating in a specific place. The pharmacy appealed the decision and applied for a continuation of the activity license on the basis of preliminary legal protection.
The Agency of Medicines lost to the pharmacy in court in the substantive discussion as well, where the court ruled that the lack of a valid rental agreement was an insufficient violation for the suspension of the activity license.
Editor: Aili Vahtla
Source: BNS