Official Journal of the European Union

C series

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C/2025/2049

14.4.2025

(Case C-517/23,

Apothekerkammer Nordrhein)

(Reference for a preliminary ruling - Medicinal products for human use - Directive 2001/83/EC - Article 86(1) - Concept of ‘advertising of medicinal products’ - Article 87(3) - Advertising of prescription-only medicinal products - Advertising of a pharmacy’s entire range of medicinal products - Vouchers corresponding to a certain sum of money or a percentage reduction for the subsequent purchase of other products - Price reductions and payments with immediate effect - Free movement of goods - Article 34 TFEU - Freedom to provide services - Electronic commerce - Directive 2000/31/EC - Article 3(2) and (4)(a) - Restriction - Justification - Consumer protection)

(C/2025/2049)

Language of the case: German

Referring court

Parties to the main proceedings

Appellant: Apothekerkammer Nordrhein

Respondent: DocMorris NV

Operative part of the judgment

Article 86(1) of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use, as amended by Directive 2011/62/EU of the European Parliament and of the Council of 8 June 2011,

must be interpreted as meaning:

the concept of ‘advertising of medicinal products’, within the meaning of that provision, does not cover advertising measures that promote the purchase of unspecified prescription-only medicinal products by offering price reductions and payments;

that concept covers advertising measures that promote the purchase of unspecified prescription-only medicinal products by offering promotional gifts in the form of vouchers for the subsequent purchase of non-prescription medicinal products.

Article 34 TFEU and Article 3(4)(a) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’)

must be interpreted as not precluding a national rule which, in order to protect consumers, prohibits an advertising measure by which a pharmacy established in another Member State offers its customers, in return for sending in their medical prescription and participating in a medication check, a monetary reward, without it being possible to know the exact amount of that reward.

Article 87(3) of Directive 2001/83, as amended by Directive 2011/62,

must be interpreted as not precluding national legislation which prohibits advertising measures that promote the purchase of unspecified prescription-only medicinal products by offering promotional gifts in the form of vouchers corresponding to a certain sum of money or a percentage reduction for the subsequent purchase of other products, such as non-prescription medicinal products.

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OJ C C/2023/640.

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ELI: http://data.europa.eu/eli/C/2025/2049/oj

ISSN 1977-091X (electronic edition)

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