Overview

• The Bundesgerichtshof dismissed an appeal by the Bavarian Pharmacy Association, ruling that pre-2020 price-binding rules do not apply to EU-based pharmacies in light of EU free movement law.
• The dispute began with a Dutch online pharmacy’s 2012–2013 bonus program offering three euros per prescription drug, capped at nine euros, which lower courts had previously blocked under German law.
• Germany’s Social Code mandates uniform prices for prescription-only medicines and prohibits discounts, a provision the court found incompatible with EU goods movement regulations for foreign sellers.
• DocMorris announced it will immediately resume offering customer bonuses on prescription medication orders following the ruling.
• Pharmacy associations warned that lifting the ban on bonuses could trigger a damaging discount race and threaten local pharmacies’ emergency services, prompting calls for legislative adjustments.