OLG Dusseldorf stopped cannabis cultivation for medicine
Yesterday, the Vergabesenat of the Higher Regional Court of Düsseldorf dealt with four lawsuits against the procurement procedure for the cultivation of medicinal cannabis in Germany. The companies complained against the conditions of contract, which they were confronted with in the "procedure for awarding the contract for the cultivation, processing, storage, packaging and supply of medicinal cannabis". Hemp cultivation continues to be delayed. (Image: Jiri Hera / fotolia.com)
The petition was filed against various aspects of the tender: Against the expected experience in medical hemp cultivation and too short deadlines in the search for a suitable foreign partner, questionable commitments from foreign companies, incorrect reference valuations of foreign companies and the lack of transparency in the award criteria.
Now, the Higher Regional Court ruled that three of the lawsuits were dismissed, but in the case against the too short deadlines, the OLG gave the plaintiffs right. Thus, the court prohibits the Federal Institute for Drugs and Medical Devices (BfArM) from awarding the supplements to the applicants. According to BfArM this means a complete restart of the procurement process.
For cannabis patients who are suffering from the dependency on imports due to the lack of supply, the waiting for cannabis made in Germany continues.
"For disadvantaged companies a success, for patients suffering from the supply shortage, the extension of an avoidable posse," said DHV CEO Georg Wurth after the pronouncement of the verdicts of the Higher Regional Court Düsseldorf.
"The German hemp association has criticized the award procedure from the outset as discrimination against German companies due to the barely met criteria. The next award procedure should therefore be fairer, "added Wurth. (sb, pm)