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Case C-190/20: Judgment of the Court (Fourth Chamber) of 15 July 2021 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — DocMorris NV v Apothekerkammer Nordrhein (Reference for a preliminary ruling — Medicinal products for human use subject to a medical prescription — Directive 2001/83/EC — Scope — Advertising by a mail-order pharmacy intended to influence not the customer’s choice of a particular medicinal product, but the choice of pharmacy — Prize competition — Free movement of goods — National legislation — Prohibition on offering, advertising or granting advantages and other promotional gifts in the field of therapeutic products — Selling arrangements falling outside the scope of Article 34 TFEU)
ECLI:EU:UNKNOWN:62020CA0190
62020CA0190
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30.8.2021
Official Journal of the European Union
C 349/10
(Case C-190/20) (*)
(Reference for a preliminary ruling - Medicinal products for human use subject to a medical prescription - Directive 2001/83/EC - Scope - Advertising by a mail-order pharmacy intended to influence not the customer’s choice of a particular medicinal product, but the choice of pharmacy - Prize competition - Free movement of goods - National legislation - Prohibition on offering, advertising or granting advantages and other promotional gifts in the field of therapeutic products - Selling arrangements falling outside the scope of Article 34 TFEU)
(2021/C 349/12)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: DocMorris NV
Defendant: Apothekerkammer Nordrhein
Operative part of the judgment
1.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 2012/26/EU of the European Parliament and of the Council of 25 October 2012, must be interpreted as not applying to national legislation which prohibits a pharmacy which sells medicinal products by mail order from organising an advertising campaign in the form of a prize competition allowing participants to win everyday items other than medicinal products, participation in that competition being subject to the submission of an order for a medicinal product for human use subject to a medical prescription, together with that prescription;
2.Article 34 TFEU must be interpreted as not precluding such national legislation.
* Language of the case: English.
(1) OJ C 279, 24.08.2020.