CELEX: 62020CA0190
Language: en
Date: 2021-07-15 00:00:00
Title: 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)

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
      
      
                  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.
               
            
         (1)  OJ C 279, 24.08.2020.