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

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;

2.	Article 34 TFEU must be interpreted as not precluding such national legislation.

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(1)  OJ C 279, 24.08.2020.