WRITTEN QUESTION E-4037/03 by Hiltrud Breyer (Verts/ALE) to the Commission. Health reform and natural remedies in Germany.
Date: 2004-01-12
Institutions: European Parliament, Provisional data
Subjects: Germany, alternative medicine, competition law, medicinal product, pharmaceutical expenses, pharmaceutical industry, social security, therapeutics

3.4.2004

EN

Official Journal of the European Union

C 84 E/139

The Honourable Member is also invited to refer to the Commission’s response to written question
P-3594/03 by Mr Kreissl-Dörfler (3).

(1) OJ L 43, 14.2.1997.
(2) OJ L 268, 18.10.2003.
(3) See page 69.

(2004/C 84 E/0177)

WRITTEN QUESTION E-4037/03

by Hiltrud Breyer (Verts/ALE) to the Commission

Subject: Health reform and natural remedies in Germany

(12 January 2004)

the German Government’s

As part of its health reforms, Germany has changed the law and made competition between conventional
pharmaceutical medicines and natural remedies virtually impossible. Although experts have been working
on a positive list of medicinal products including herbal, homeopathic and anthroposophic remedies for
years,
so-called health reform has now removed the possibility of
reimbursement for natural medicines through health insurance schemes. Thanks to the health reform,
a distortion in competition has emerged that benefits pharmaceutical products. Many patients use natural
treatments and remedies, which produce better results in many cases than conventional treatment. These
successes should not be brought to an end by market competition between pharmaceutical and natural
products favouring the former. As well as the prospect of worse treatment for patients opting for natural
medicine, small manufacturers of natural remedies in particular are threatened with bankruptcy.

How does the Commission view this situation from the point of view of competition law?

Answer given by Mr Monti on behalf of the Commission

(10 February 2004)

It is established case law of the European Courts that Community law does not detract from the powers of
Member States to organise their social security systems and to adopt, in particular, provisions intended to
govern the consumption of pharmaceutical preparations in order to promote the financial stability of their
health-care insurance schemes (1). Based on the description given by the Honourable Member,
the
Commission does not have reason to believe that the legal provisions adopted by the German legislator
with the object of refusing insured persons the right to be supplied with prescription-free medicinal
preparations at the expense of the statutory sickness funds would infringe European competition law.

(1) See for example Judgment of the Court of 7 February 1984 in Case 238/82 Duphar BV and others v. The

Netherlands State [1984] European Court Reports 1984 page 523.

(2004/C 84 E/0178)

WRITTEN QUESTION E-4057/03

by Elspeth Attwooll (ELDR) to the Commission

(13 January 2004)

Subject: Trans-European telecommunications networks

What proportion of rural residents in the EU have broadband internet access, and how does this compare
to that in urban areas? What is the projected impact in terms of economic growth of expanding
broadband access in rural areas?