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Case C-517/23, Apothekerkammer Nordrhein: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 10 August 2023 — Apothekerkammer Nordrhein v DocMorris NV
ECLI:EU:UNKNOWN:62023CN0517
62023CN0517
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Official Journal of the European Union
EN
Series C
C/2023/640
13.11.2023
(Case C-517/23, Apothekerkammer Nordrhein)
(C/2023/640)
Language of the case: German
Referring court
Parties to the main proceedings
Defendant and appellant in the appeal on a point of law: Apothekerkammer Nordrhein
Applicant and respondent in the appeal on a point of law: DocMorris NV
Questions referred
1.Does advertising for the purchase of prescription medicinal products from the entire range of products of a pharmacy fall within the scope of the rules on the advertising of medicinal products in Directive 2001/83 (Titles VIII and VIIIa, Articles 86 to 100)?
2.If Question 1 is to be answered in the affirmative: Is it consistent with the provisions of Title VIII of Directive 2001/83, in particular Article 87(3), if a national rule (here: letter (a) of the first clause of point 2 of the second half of the first sentence of Paragraph 7(1) of the HWG) is interpreted as prohibiting the advertising of the entire range of prescription medicinal products of a mail-order pharmacy established in another Member State using promotional gifts in the form of vouchers for a monetary amount or a percentage discount for subsequent purchases of other products?
3.Furthermore, if Question 1 is to be answered in the affirmative: Is it consistent with the provisions of Title VIII of Directive 2001/83, in particular Article 87(3), if a national rule (here: letter (a) of the first clause of point 2 of the second half of the first sentence of Paragraph 7(1) of the HWG) is interpreted as permitting the advertising of the entire range of prescription medicinal products of a mail-order pharmacy established in another Member State using promotional gifts in the form of immediately effective price reductions and payments?
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 (OJ 2001 L 311, p. 67).
ELI: http://data.europa.eu/eli/C/2023/640/oj
ISSN 1977-091X (electronic edition)
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Language of the case: German