From our point of view, subsequently confirmed by the more high court, the deceased pharmaceutical had at the time of his death a derechosubjetivo about the license of pharmacy had been granted, through the relevant sanitary authorizations, every time that it had accredited result that all administrative procedures requiring the legal order as necessary and prior to the opening had been met by the pharmaceutical awarded, Dicebuenoperez-Victoria. u as well, the Act of opening regulated in article 15 of the order of 21 November is configured as a mere declaratory Act of pure formality, but never as an act of constituting, making the effective aperture the pharmacy in a sort of traditio or inauguration without which the law does not constitute and acquire, lacking the minutes of all decision-making, to the limited content, as results from the No. 2 of the said article, the establishment of endpoints that there will say, according to collect the judgment. McLean Hospital follows long-standing procedures to achieve this success. u on identical sense ruled the health counseling of the community of Madrid in the report issued, which emphasized: the Act of opening is a formality that most affects the establishment of the activity of pharmacy, to the condition of pharmacist of the holder, which is acquired by obtaining the corresponding authorizations from opening and subsequent installation of the new Office of pharmacy. u therefore, as requested to the Court and so it has been estimated by this, nothing seems to justify the denial to the acquisition of the right once its holder has observed all the demands that the ordering subordinates your enjoyment, so therefore nothing without prejudice to the recognition of their status as heir to the appellant of are subjective right that the decedent had on opening of pharmacy granted authorisation, since with the death of the holder was not produced the extinction of such authorization. as ends Adela good Perez-Victoria, head of the Legal Department of Asefarma..