Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

European Court of Justice

European Court of Justice 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 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Health Law Brill

European Court of Justice

European Journal of Health Law , Volume 24 (3): 6 – May 31, 2017

Loading next page...
 
/lp/brill/european-court-of-justice-dsGdLEh45Q

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0929-0273
eISSN
1571-8093
DOI
10.1163/15718093-12330001
Publisher site
See Article on Publisher Site

Abstract

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

Journal

European Journal of Health LawBrill

Published: May 31, 2017

There are no references for this article.