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CJEU clarifies pharmacy promotions: discounts linked to POM purchases outside Medicines Advertising Directive; vouchers encouraging future non-prescription medicine purchases fall within it (Apothekerkammer Nordrhein)

Published on: 31 March 2025

Published by a LexisNexis EU Law expert
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Apothekerkammer Nordrhein, Case C-517/23 (27 February 2025)

What are the practical implications of this case?

The judgment clarifies for the pharmacy sector which promotional practices fall within the Directive’s reach, assessed by whether the communication seeks to encourage the prescribing, supply, sale or consumption of medicinal products. After reviewing DocMorris’ discounts and payments, the court drew a distinction between measures connected to prescription-only medicines (POMs) and those concerning non-prescription medicines. It decided that advertising aimed purely at influencing a customer’s choice of pharmacy, by offering discounts or payments linked to the purchase of POMs, is not caught by the Directive. Such measures do not promote the prescribing or consumption of unspecified POMs, given that prescribing decisions rest solely with the doctor. However, the court indicated a different outcome where the incentive provided to customers who buy POMs consists of discounts or vouchers redeemable against future purchases of non-prescription medicines, even if the pharmacy’s offer is not tied to identified medicinal products but applies to non-prescription products in general...

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