Court of Justice to Allow Internet Sales of Medicines?

On 11 March, the Court’s Advocate General gave her position in a legal case between the German pharmacists’ union and a Dutch pharmacy giving strong support to right of web-based medicines sales. The Advocate General of the Court of Justice Christine Stix-Hackl delivered her opinion in a law case relating to medicines sales over the Internet, on 11 March. Ms. Stix-Hackl found that pharmacies should be allowed to sell over the Internet authorised medicines as well as those that do not require authorisation. A national ban on Internet sales could be justified under the free movement of goods rules only for medicines that require authorisation but have not been authorised, the Advocate General reasoned. The case was brought before the Court by the German pharmacists’ union, objecting to a Dutch pharmacy’s practice of offering medicines to the public via the Internet and delivering those by cross-border mail order. The Dutch pharmacy has been selling prescription as well as non-prescription medicines through its Internet site, also for consumers in Germany. The German pharmacists referred to provisions in German Law which prohibit trading by mail order in medicines that are required to be sold through pharmacies, as well as to the prohibition of the advertising of medicines which require authorisation but have not been authorised. The Court is due to deliver its judgement in the coming weeks, taking into consideration the opinion of the Advocate General.

Curia press release