Fri. Sep 13th, 2024
- This event has passed.
DocMorris-Gutschein-Werbung: Mündliche Verhandlung vor dem EU-Gerichtshof in der Rechtssache C-517/23 Apothekerkammer Nordrhein
27 June
Donnerstag, 27. Juni 2024
Mündliche Verhandlung vor dem Gerichtshof in der Rechtssache C-517/23 Apothekerkammer Nordrhein
Gutscheinwerbung bei verschreibungspflichtigen Arzneimitteln
Die niederländische Versandapotheke DocMorris verlangt vor den deutschen Gerichten von der Apothekerkammer Nordrhein Schadensersatz in Höhe von über 18 Mio. Euro.
Die Apothekerkammer hatte zwischen 2013 und 2015 im Zusammenhang mit Rabattaktionen von DocMorris für verschreibungspflichtige Arzneimittel einstweilige Verfügungen und hohe Ordnungsgelder gegen DocMorris erwirkt.
DocMorris macht geltend, dass diese einstweiligen Verfügungen und Ordnungsgelder von Anfang an ungerechtfertigt gewesen seien. Dafür beruft sich DocMorris auf das EuGH-Urteil Deutsche Parkinson Vereinigung, wonach die deutsche Preisbindung bei verschreibungspflichtigen Arzneimitteln gegen das Unionsrecht verstößt (siehe Pressemitteilung Nr. 113/16).
Der Bundesgerichtshof (BGH) ist der Ansicht, dass angesichts jenes Urteils die im deutschen Arzneimittelgesetz vorgesehene Preisbindung nicht zu Lasten von DocMorris berücksichtigt werden dürfe.
Drei der fünf streitigen Werbemaßnahmen von DocMorris verstießen jedoch gegen die deutschen Vorschriften über Arzneimittelwerbung (Heilmittelwerbegesetz), so dass ein Schadensersatzanspruch von DocMorris insoweit an sich zu verneinen sei. Der BGH möchte vom EuGH wissen, ob die Annahme solcher Verstöße mit der Richtlinie 2001/83 zur Schaffung eines Gemeinschaftskodexes für Humanarzneimittel vereinbar ist.
Heute findet die mündliche Verhandlung statt.
Details
- Date:
- 27 June
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- Apothekerkammer Nordrhein, C-517/23, DocMorris
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- +35243031
Organizer
- EU Court of Justice
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