This document is an excerpt from the EUR-Lex website
Document 62020CA0190
Case C-190/20: Judgment of the Court (Fourth Chamber) of 15 July 2021 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — DocMorris NV v Apothekerkammer Nordrhein (Reference for a preliminary ruling — Medicinal products for human use subject to a medical prescription — Directive 2001/83/EC — Scope — Advertising by a mail-order pharmacy intended to influence not the customer’s choice of a particular medicinal product, but the choice of pharmacy — Prize competition — Free movement of goods — National legislation — Prohibition on offering, advertising or granting advantages and other promotional gifts in the field of therapeutic products — Selling arrangements falling outside the scope of Article 34 TFEU)
Case C-190/20: Judgment of the Court (Fourth Chamber) of 15 July 2021 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — DocMorris NV v Apothekerkammer Nordrhein (Reference for a preliminary ruling — Medicinal products for human use subject to a medical prescription — Directive 2001/83/EC — Scope — Advertising by a mail-order pharmacy intended to influence not the customer’s choice of a particular medicinal product, but the choice of pharmacy — Prize competition — Free movement of goods — National legislation — Prohibition on offering, advertising or granting advantages and other promotional gifts in the field of therapeutic products — Selling arrangements falling outside the scope of Article 34 TFEU)
Case C-190/20: Judgment of the Court (Fourth Chamber) of 15 July 2021 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — DocMorris NV v Apothekerkammer Nordrhein (Reference for a preliminary ruling — Medicinal products for human use subject to a medical prescription — Directive 2001/83/EC — Scope — Advertising by a mail-order pharmacy intended to influence not the customer’s choice of a particular medicinal product, but the choice of pharmacy — Prize competition — Free movement of goods — National legislation — Prohibition on offering, advertising or granting advantages and other promotional gifts in the field of therapeutic products — Selling arrangements falling outside the scope of Article 34 TFEU)
OJ C 349, 30.8.2021, p. 10–10
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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30.8.2021 |
EN |
Official Journal of the European Union |
C 349/10 |
Judgment of the Court (Fourth Chamber) of 15 July 2021 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — DocMorris NV v Apothekerkammer Nordrhein
(Case C-190/20) (1)
(Reference for a preliminary ruling - Medicinal products for human use subject to a medical prescription - Directive 2001/83/EC - Scope - Advertising by a mail-order pharmacy intended to influence not the customer’s choice of a particular medicinal product, but the choice of pharmacy - Prize competition - Free movement of goods - National legislation - Prohibition on offering, advertising or granting advantages and other promotional gifts in the field of therapeutic products - Selling arrangements falling outside the scope of Article 34 TFEU)
(2021/C 349/12)
Language of the case: German
Referring court
Bundesgerichtshof
Parties to the main proceedings
Applicant: DocMorris NV
Defendant: Apothekerkammer Nordrhein
Operative part of the judgment
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1. |
Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use, as amended by Directive 2012/26/EU of the European Parliament and of the Council of 25 October 2012, must be interpreted as not applying to national legislation which prohibits a pharmacy which sells medicinal products by mail order from organising an advertising campaign in the form of a prize competition allowing participants to win everyday items other than medicinal products, participation in that competition being subject to the submission of an order for a medicinal product for human use subject to a medical prescription, together with that prescription; |
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2. |
Article 34 TFEU must be interpreted as not precluding such national legislation. |