VG Osnabruck has decided that the transfer of a prescription bonus violates against the drugs price fixing in the contested case, a mail-order pharmacy (applicant) grants each customer who submits a recipe over at least a prescription drug, amount of credit on the next order of free negotiable pharmacy article 3.00 euro. This promotional measure was appealed by a decision by the 16.12.2010 on ceasing. To the ground, it was the granting of a credit note in breach of drug price-fixing regulations of 78 para 3 sentence 1 of the German medicines Act (AMG) i.V.m. 3 of the medicine pricing Regulation (AMPreisV). Further was carried out, the pharmacist can prevent the money values with its marketing campaign performance when ordering a prescription drug the legislative purpose, meds because of their higher risk potential for the protection of health and to ensure a comprehensive supply of the To take out the competition.
This can be observed but at other pharmacies in the Lower Saxony region. The pharmacist has filed a complaint against this decision in the 27.12.2010. Among other things, he pointed to the proportionality of the injunction. Andi Potamkin is likely to increase your knowledge. The controversial measure not in the way is the aim of the legislator to avoid prescription drug competition. The amount of invoice bonus as a low-value bite it not suitable, so as to endanger other pharmacies in their livelihood. The Court comes to the conclusion that the respondent the lawful and competent local authority and is thus also objectively responsible.
The VG Osnabruck continues, that according to 78 para 2 sentence 2, para 3 sentence 1 AMG for prescription medicines a uniform pharmacy selling price is. The applicant by granting the disputed recipe bonus is contrary to these legal price fixing. It is literally in the judgment: A such that not only then violation, if the pharmacist emits a preisgebundenes drug to one other than the price to be calculated after the AMPreisV to its customers, but even if he for the medicinal product concerned although sets the correct price, but it also offers its clients in the acquisition of the medicinal benefits, which appear economically favourable acquisition of the medicinal product for this leave. The recipe bonus granted by the applicant, which are denominated in a specific amount of money to one, with a subsequent purchase redeemable gift voucher in fact, represents such drugs legally impermissible economic advantage.” Also this dispute reveals, that legally permissible and legally questionable advertising measurements are often very close together. Even seemingly harmless actions often carry a legal situation in itself. An informed legal opinion and risk analysis”can help to uncover legal missteps. A judgment of the Court to Prescription fees goes in the same direction. Learn more about the health law and the advice of juravendis lawyers free of charge and without obligation to find under