EU Mail-Order Pharmacies Can Now Offer Bonuses to German Customers

The German Federal Court of Justice has ruled that mail-order pharmacies based in the EU can offer bonus incentives on prescription medications to German customers. This decision challenges the previous German regulation that imposed fixed drug pricing on foreign pharmacies, which was deemed to conflict with EU law on free movement of goods.

The court highlighted that Germany's requirement for price binding must be justified with substantial evidence that it ensures comprehensive drug supply, a standard not met by the Bayerischer Apothekerverband. Consequently, the rule from 2020, which prohibits benefits to insured persons, remains under scrutiny.

The judgment reflects the ongoing debate on whether foreign pharmacies should continue offering bonuses, a matter likely to persist in the courts.