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Verdict addition of cuddly socks violates the price of drugs
Pharmacies may not give any gifts or discounts to redeem a prescription. Even a pair of cuddly socks or a roll of wrapping paper are a "monetary benefit" that is not permitted for price-controlled medicines, ruled on Friday, September 8, 2017, the Higher Administrative Court (OVG) of North Rhine-Westphalia in Münster (Ref .: 13 A 2979/15 and 13 A 3027/15).
(Image: BillionPhotos.com/fotolia.com) Two pharmacists from the Coesfeld district wanted to attract customers to their pharmacies in 2013 and 2014 with vouchers. "When making a recipe" customers should receive a pair of cuddly socks or a roll of wrapping paper.
The Apothekerkammer Westfalen-Lippe saw it as a breach of the price for prescription drugs and prohibited the vouchers.
On the other hand, the pharmacists complained. The Federal Court of Justice (BGH) in Karlsruhe had allowed "low-value gifts" with a value up to one euro (judgments of 9 September 2010, Ref .: I ZR 193/07 and I ZR 98/08).
Dagger as early as 2012, the Regional Court for Health Professions at the Higher Administrative Court of Rhineland-Palatinate in Koblenz had pointed out that this is only the competition law perspective; In professional terms, discounts and gifts are generally prohibited for price-linked drugs (judgment of 8 October 2012, ref .: LBG-H A 10353/12, JurAgentur report dated 15 October 2012).
According to the judgments of the OVG Münster, drug price maintenance is also legally binding under pharmaceutical law. The pharmaceutical law knows "no de minimis limit for permissible deviations". That here the value of the gifts are each less than 50 cents, therefore play no role.
The price maintenance is also constitutional, because it serves a nationwide uniform supply of medicines.
According to a ruling by the European Court of Justice (ECJ) in Luxembourg, price fixing is not applicable to mail-order pharmacies in other EU countries (judgment and JurAgentur report of 19 October 2016, ref .: C-148/15). The resulting competitive advantage for foreign mail-order pharmacies had "not yet seriously affected the burden of domestic pharmacies". It was for the legislature to decide whether, when and how it wanted to react "in order to eliminate the discrimination of the people of the country, but at the same time ensure the nationwide supply of medicines to the population".
In any case, the pharmacy chambers are not required to refrain from measures in case of violations of the pharmaceutical price, the OVG Münster ruled
In contrast, the Administrative Court of Braunschweig in 2012 rejected a threat of compulsory payment by the Apothekerkammer Niedersachsen. Here, the pharmacy had spent "Pharmacy Taler" worth 50 cents per recipe. In strict terms, this violates the principle of price maintenance, but this is offset by the entrepreneurial freedom of decision of the pharmacist granted by the BGH. The pharmacy chambers would have to reconcile both in a "discretionary decision" and therefore tolerate small bonuses (judgment of 23 May 2012, ref .: 5 A 34/11, JurAgentur report dated 3 July 2012). mwo