|Directive article||National ID||I ZR 160/07|
|Common name||Douglastaler||Decision type||Court decision in appeal|
|Court||Oberlandesgericht Karlsruhe||Plaintiff(s)||Zentrale zur Bekämpfung unlauteren Wettbewerbs e.V. (Registered Association for the fight against unfair competition)|
|Court translation||Higher Regional Court Karlsruhe||Defendant(s)||Pharmacy - name not disclosed|
|Subject||Scope of the UCP Directive – Full harmonisation|
|Keywords||health and safety, internal market, pharmaceuticals, price reductions, vouchers|
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Granting bonus points on price-fixed pharmaceuticals violates German medical law, and can be prohibited, even when such a system would be allowed in other Member States. From the perspective of the UCP Directive, the health interests can justify differences in national competition rules.
A pharmacy issued bonus points for each purchase of price-fixed pharmaceuticals. The customers could redeem these bonus points at their next purchase of non-prescription products. The plaintiff requested to terminate the awarding of bonus points.
Does a reward system for the purchase of price-fixed pharmaceuticals violate the price-fixing principle for prescription drugs?
The court considered that awarding bonus points for the purchase of price-fixed pharmaceuticals infringes § 78 of the German Medicines Law (AMG) and § 1 and 3 of the Medicines Price Regulation Ordinance (AMPreisV), which constitute market behaviour rules in the sense of § 4 Nr. 11 UWG (the German Unfair Competition Act). (Note: according to this §4 Nr. 11, the violation of a market behaviour rule leads to an act of unfair competition.)
The internal market clause of article 4 of the UCP Directive does not preclude the application of § 78 AMG and §§ 1,3 AMPreisV, even if the defendant claims that the use of bonus point systems is allowed in other countries of the European Union. From the perspective of the UCP Directive, the interests of health can justify differences in national competition rules.
|URL Decision||Decision full text|
The plaintiff's request was granted.
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