Arashikasa DPV entered into an agreement with the Dutch mail-order pharmacy DocMorris to provide a bonus system for its members. Etwas anderes folgt auch nicht aus dem Grundsatz der Europarechtsfreundlichkeit, der dem Verfassungsauftrag zur Verwirklichung eines vereinten Europas entspringt vgl. Kammer des Zweiten Senats des Bundesverfassungsgerichts durch. In that context the CJEU found that the application of the Regulation on the pricing of medicinal products is irreconcilable with European law where it acts to prevent price competition for foreign mail order pharmacies in the German market.

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Tonris In doing so, the Court had to determine whether a restriction on the free movement of goods, which it found to exist, could be necessary in this particular case to ensure the supply of medicinal products throughout Germany. In its judgment, the CJEU held that the legislation in issue constitutes an unjustified restriction on the free movement of goods, as the imposition of fixed sales prices creates a greater impediment to pharmacies established in other Member States accessing the German market than it does for domestic products.

The CJEU on cross-border mail order trade of prescription-only medicinal products — Lexology Popular articles from this arzneimiftelpreisverordnung Without prejudice, without prejudice save as to costs and subject to contract: My saved default Read later Folders shared with you.

In particular, it has not been demonstrated how setting fixed prices makes it possible to ensure a better geographical distribution of traditional pharmacies in Germany. The request for the preliminary ruling concerned the interpretation of Articles 34 and 36 of the TFEU. Although a restriction on the free movement of goods may, in principle, be justified on the grounds of the protection of health and human life, according to the Court the legislation in issue has not been shown to be an appropriate means by which to attain those objectives.

L 40 vom European UnionGermany November 16 November einstimmig beschlossen: On the contrary, according to the Court certain factors tend to suggest that increased price competition between pharmacies would be conducive to a uniform supply of medicinal products, in so far as it would encourage the establishment of pharmacies in regions where the scarcity of dispensaries allows for the charging of higher prices. As a result, mail order pharmacies located in the European Union are now allowed to afzneimittelpreisverordnung discounts and bonuses if they send prescription-only medicinal products to Germany.

Vielmehr muss diesen jedenfalls im Wege einer unionsrechtskonformen Auslegung des Art. Search results for Arzneimittelpreisverordnung Nor did it discuss the strict German regulations that it has previously confirmed prohibit pharmacy chains and the operation of enterprises by corporations. BVerfG, Beschluss der 3.

This position is not easily justifiable. Bauer, JBlS. However, this prohibition does contribute to an imbalance to the disadvantage of the German pharmacies versus competing pharmacies in other Member States, especially if the latter are granted access to the German market without having to observe the pricing regulations, at least in the mail order trade. Altogether, it will be most interesting to see how the German legislators in particular react to this ruling, especially whether or not they will restrict the sale of medicinal products by mail order, as has been demanded from several sides already; at least for prescription-only medicinal products.

Die Verfassungsbeschwerde wird nicht zur Entscheidung angenommen. The Regulation requires manufacturers to add wholesaler and pharmacy additions when establishing a price for their medicinal product.

Even when several law firms write on the same topic, I can often glean new viewpoints and perspectives from the different firms. Dieser, sich aus Art. Oktober durch Art. As a result, price competition is liable arzneikittelpreisverordnung constitute a more significant competition factor for mail-order pharmacies than for traditional pharmacies; the latter being better placed to offer patients individually-tailored advice provided by dispensary staff and to ensure the supply of arzneimittelpreosverordnung products in cases of emergency.

In this circumstance, the Court would be required to find that the price regulations also have a greater impact on foreign than on German providers of medicinal products. Taylor Wessing — Diana Heimhalt. The sale of prescription-only medicinal products by mail order is not prohibited in Germany. Moreover, the mail order pharmacies operating in Germany are protected by constitutional rights, which would conflict with any unjustified, i.

Legal background The sale of prescription-only medicinal products by mail order is not prohibited arzneimittelpreisverordnunng Germany. Dieser wurde mit Wirkung vom However, it is debatable whether prohibiting mail order sales of prescription-only medicinal products would be a legally sound measure. Aufgrund des Anwendungsvorrangs der Grundfreiheiten Art. If the German legislator takes this line, the Dutch mail order pharmacy DocMorris will have arguably achieved a somewhat Pyrrhic victory.

ZBUW took the view that the bonus system infringed German legislation providing for a fixed-price system for the supply by pharmacies of prescription-only medicinal products. Register now for your free, tailored, daily legal newsfeed service. Etwas anderes arzneimitteopreisverordnung auch nicht aus dem Grundsatz der Europarechtsfreundlichkeit, der dem Verfassungsauftrag zur Verwirklichung eines vereinten Europas entspringt vgl.

On 22 Augustthe Joint Chamber of the Superior Federal Courts in Germany ordered arznfimittelpreisverordnung the Regulation is also applicable to sales by mail order of medicinal arzneimittellreisverordnung sold by pharmacies established in other EU Member States supplied to end consumers in Germany. Login Register Follow on Twitter Search. In keeping with CJEU case law, this appears to be a possibility. Thus, the Court did not recognise the request to allow price competition on the arzneimittelpreisverordnung level only for OTC drugs.

Although the Court found this to be a commendable aim, it held that the particular measure of a fixed price system to attain this objective was inadmissible.

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