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DocMorris AG: Federal Court of Justice confirms admissibility of prescription bonuses
DocMorris AG: Federal Court of Justice confirms admissibility of prescription bonuses
About this update from Docmorris Ltd
DocMorris AG / Key word(s): Legal Matter17-Jul-2025 / 10:00 CET/CESTRelease of an ad hoc announcement pursuant to Art. 53 LRThe issuer is solely responsible for the content of this announcement.Frauenfeld, 17 July 2025Press releaseAd hoc announcement pursuant to Art. 53 LRFederal Court of Justice confirms admissibility of prescription bonusesFederal Court of Justice follows European Court of Justice rulingFederal Court of Justice sees no threat to supply of medicinesDocMorris reintroduces cash bonusThe Federal Court of Justice (BGH) today upheld the defendant's appeal. The ruling of the Munich Higher Regional Court (6 U 1509/14) prohibiting bonuses for the dispensing of prescription drugs (Rx) was overturned. The action brought by the Bavarian Pharmacists' Association (BAV) seeking a ban on prescription bonuses was dismissed in its entirety.In the opinion of the judges, no statistical data or other meaningful evidence could be provided to prove that price fixing for Rx drugs was necessary to ensure the health of patients and the nationwide supply of drugs in Germany. In its oral hearing on 7 May, the BGH could not see any connection between the prescription bonus and the decline in the number of pharmacies. Online pharmacies would, in fact, contribute to ensuring supply across the country.The BGH's ruling is in line with the landmark decision of the European Court of Justice (ECJ) from 2016, according to which fixed prices for prescription drugs violate EU law (ECJ, Case 148/15 - ‘Deutsche Parkinson Vereinigung’). On 27 February this year, the ECJ also confirmed once again that advertising discounts and bonuses by an EU mail-order pharmacy for the purchase of prescription drugs is generally permissible and that a corresponding ban is contrary to Community law (Case C-517/23).“Today's ruling by the Federal Court of Justice once again underscores our legal position,” says Walter Hess, CEO of DocMorris. “We have always granted our customers prescription bonuses at our own expense and will now do so again. The burden on patients has increased in recent years, with their average co-payment per package rising by 10 per cent to €3.30 since 2019. The discount reduces this burden. This allows sick people to save on their healthcare expenses without incurring additional costs for the healthcare system.“DocMorris grants prescription bonus to customers againBased on ...