BGH ruling: bonuses for medicines from other EU countries allowed?

BGH ruling: bonuses for medicines from other EU countries allowed?

The Federal Court of Justice (BGH) is facing a crucial decision regarding the ordering of prescription medications from other EU countries. In particular, it is checked whether it is permissible to grant bonuses or remuneration when ordering such medicines. The European Court of Justice has already made it clear that bonuses are possible as long as the supply of medicines in Germany is not jeopardized. In this context, however, the lower courts have determined that the supply of medicines is considered to be at risk if prescription medicines can be obtained from abroad at more favorable conditions. Business journalist Nicolas Lieven will comment on this explosive topic in a series of interviews on radioeins and explain the possible effects. radioeins reports.

In Germany, prescription drugs are subject to strict statutory price controls. The Federal Court of Justice decided over ten years ago that mail order pharmacies based in other EU countries may grant premiums on prescription medications. This decision raises questions about pricing and competitiveness. However, the statutory fixed price does not apply to over-the-counter medications, which pharmacies can price at their own discretion. Prices for prescription drugs are regulated by law in order to prevent ruinous competition and possible deprivation of patients. The pricing process for prescription drugs includes several steps: First, the pharmaceutical company sets the sales price, then the wholesaler is allowed to add a maximum of 3.15 percent plus 73 cents per pack, but a maximum of 37.80 euros. Pharmacies, in turn, are allowed to charge 3 percent plus 8.35 euros per pack, as well as additional amounts for emergency services and pharmaceutical services. ZDF reports.

The dispute over fixed prices

A central point of contention is the interpretation of fixed prices for mail-order pharmacies in other EU countries. The BGH ruled in favor of the mail-order pharmacy Tanimis Pharma and issued a ruling in June 2019 that also prohibits small gifts such as handkerchiefs or glucose. The ECJ ruled in 2016 that the pricing regulations of the Medicines Act do not apply to foreign pharmacies. As a result, changes to the Medicines Act were necessary to clarify fixed prices in mail order sales.

Another topic is the planned return of DocMorris to granting financial bonuses for online prescription drug orders. The ABDA emphasizes that fixed prices are set out in the Fifth Social Code and that such discounts should not be part of the pharmaceutical supply. It remains to be seen what the current legal situation will look like after the upcoming BGH decision and what impact this could have on patients and market conditions in Germany.