Federal Court of Justice examines advertising practices of foreign drug mail-order companies
The 1st Civil Senate of the Federal Court of Justice (BGH) again dealt with the permissibility of advertising measures by foreign mail-order pharmacies. The focus was on discounts, vouchers, and bonuses that a Dutch distributor used between 2013 and 2015, including hotel vouchers and ADAC memberships for customer acquisition. The North Rhine Pharmacists' Association (AKNR) had obtained several preliminary injunctions against this. The hearing showed the complexity of the issue, as national law, EU law, and previous rulings by the BGH and the European Court of Justice (ECJ) had to be considered. Presiding Judge Prof. Dr. Thomas Koch emphasized that such advertising practices could improperly influence consumers. The Senate indicated that it would likely uphold four of the five disputed advertising bans, while the distributor attempted to clarify the fundamental permissibility of price advertising under ECJ law. However, the BGH referred to already established case law without signaling any willingness to change. The originally demanded 18 million euros in damages seemed off the table; instead, the distributor was concerned with the…
