ECJ Ruling Impacts DocMorris Advertising Strategy

The European Court of Justice (ECJ) has made a significant decision regarding advertising for prescription medicines, answering questions from the German Federal Court of Justice (BGH) in Case C-517/23 involving DocMorris AG. The ECJ upheld the permissibility of price discounts for prescription medicines, affecting the company's promotional strategies.

However, the court indicated that member states could restrict promotional activities involving vouchers redeemable for over-the-counter medicines. Despite this, vouchers for beauty and personal care products remain valid under current ECJ guidelines.

This decision stems from repeated injunctions against DocMorris between 2012 and 2015 by the AKNR, which disagreed with DocMorris's discount practices. A 2016 ECJ ruling had previously determined these price regulations violated Union law.

DocMorris plans to continue advancing digitalization and e-prescription use in Germany. The BGH is now tasked with ruling on the AKNR's appeal.