Real concession
A real concession is the permit to operate a company, tied to a specific business location. In contrast to a personal license, the holder of a real license can inherit or sell it, but cannot simply relocate the business premises.
The real concession was in 1810 in the Prussian commercial edict for pharmacies ( Offizin introduced). It replaced the privileges that had been customary until then and was based on the needs of the population, which the respective district physician assessed in consultation with the police authorities.
In addition, in the course of the 19th century, the form of the personal license was created, which was granted to a pharmacist for himself, "fell back" when he left the state and was reassigned. The new concessionaire, determined solely by the authorities, had to take over the property and furnishings. The new award followed certain principles, which primarily took into account the “age of operating license” (corresponding to seniority under civil service law). Free sale and inheritance of the pharmacy were excluded, on the other hand there was mostly a "widow's right." The system of the personal concession was in a certain sense a step towards the freedom of occupation within the system of state regulation of the professional license, insofar as the pharmacies were bound by the solved the narrow circle of privilege and real rights holders and gave every licensed pharmacist the same basic opportunity to become an independent pharmacy owner. Since 1827, the bereaved were allowed to have the pharmacy administered by a pharmacist after the death of the concession holder.
In the areas on the left bank of the Rhine under French rule, there was complete freedom of settlement from 1794 to 1813 . The pharmacist proposed, i.e. presented by the license holder or his heirs, received the license.
According to the German Pharmacy Act (ApoG), anyone wishing to operate a pharmacy requires the approval of the competent authority. The permit is only valid for the pharmacist to whom it has been issued and for the rooms specified in the permit certificate ( Section 1 ApoG).
literature
- Alfred Adlung: The pharmacy property rights in the German states. Compiled and explained in accordance with the existing legal provisions and other official material. Berlin, J. Springer, 1927.
- Rudolf Wantzen: Withdrawal of Nassau pharmacy operating rights and Prussian real concessions . Dissertation, University of Frankfurt / M. 1933.
Individual evidence
- ↑ Realkonzession Juristisches Lexikon, accessed on August 15, 2020.
- ↑ Reinhard Wylegalla: Privilege or Concession DAZ 2008, No. 10, p. 96.
- ^ Differentiating Karlheinz Bartels: On the history of the German pharmacy operating license PZ , September 4, 2000.
- ↑ BVerfGE 7, 377 - pharmacy judgment = BVerfG, judgment of June 11, 1958 - 1 BvR 596/56, marginal no. 31 ff., 38.