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ECJ 2017/1, Deutsche Parkinson Vereinigung eV v. Zentrale zur Bekämpfung unlauteren Wettbewerbs eV, 19 October 2016 (Case C-148/15)General ContextThe European Court of Justice has issued this judgement following a request for a preliminary ruling from the Oberlandesgericht Düsseldorf (Higher Regional Court, Düsseldorf, Germany).It concerns the lawfulness of a fixed-price system for the sale by pharmacies of prescription-only medicinal products for human use. In particular, the question is whether such system is conformity with eu law, in particular with Articles 34 and 36 tfeu.FactsThe Deutsche Parkinson Vereinigung is a self-help organisation, whose objective is to improve the lives of patients suffering from Parkinson’s disease and those of their families. Together with the Dutch mail-order pharmacy DocMorris, it agreed upon a bonus system from which its members would benefit when purchasing from DocMorris prescription-only medicinal products for Parkinson’s disease available only from pharmacies (‘the bonus system’). The German Association for Protection against Unfair Competition (Zentrale zur Bekampfung unlauteren Wettbewerbs) was of the view that that this bonus system infringed upon German legislation providing for a fixed-price system for the supply by pharmacies of prescription-only medicinal products. After the Landgericht Dusseldorf (Regional Court, Dusseldorf, Germany) had ordered the Deutsche Parkinson Vereinigung not
European Journal of Health Law – Brill
Published: May 31, 2017
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