Is the pharmacy bonus system coming?

Pharmacies: Comes the bonus system?

Will there be a pharmacy bonus system in the near future? The Federal Court of Justice (BGH) in Karlsruhe is expected to clarify in mid-August this year whether in the future pharmacies in Germany will be able to offer discounts in the form of bonus systems to their customers. Specifically, it also concerns a case in connection with the Internet pharmacy mail order chain DocMorris.The first civil senate with the senate chairman Joachim Bornkamm in Karlsruhe fixed this period on Thursday in a hearing. The situation is confusing. Nationwide there are different judgments and in Karlsruhe now a regulation is to be created, which is binding for all.

Difficult is the legal situation because it is not clear what is for foreign-based companies, such as DocMorris. The company, where it is possible to order medicines by telephone or via the Internet, is based in Aachen, only about 15 km from the German border, and a German is a co-founder, but Heerlen in the Netherlands is governed by Dutch law.

The Federal Social Court (BSG) in Kassel had already decided about two years ago that the German price-fixing regulations for foreign mail-order pharmacies should not be applied. Of course, that would mean a significant competitive advantage for foreign Internet pharmacies. On the other hand, the center is working to combat unfair competition. Bonus systems are for the headquarters, based in Frankfurt, a violation not only contrary to the price binding provisions, but also against the drug advertising law. This should clarify the BGH now. It may be that in April there will be no final decision. Then the Joint Senate of the highest courts must intervene and clarify the situation. (Thorsten Fischer, Naturopath Osteopathy, 17.04.2010)