GRUR Prax 21/2020(28. Oktober 2020) - EuGH 1.10.2020 - C-649/18 Werbung für Dienstleistungen des Online-Verkaufs von Arzneimitteln nicht harmonisiert

 For these reasons the Court of Justice (Third Chamber) ruled for law:

Directive 2000/31 / EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market ("Directive on electronic commerce") is to be interpreted as

- that the Member State for which an online sale of non-prescription medicines is intended applies to the service provider established in another Member State a national regulation which prohibits pharmacies from using certain measures and means to advertise, This does not conflict with the bulk mailing of advertising letters and brochures outside the pharmacy, as long as the regulation does not prevent the service provider from doing any advertising outside of his pharmacy, regardless of the carrier and to what extent, whatever it is a matter for the referring court to be examined;

- that the Member State for which an online sales service of non-prescription medicines is intended applies to the service provider established in another Member State a national regulation which prohibits pharmacies from making offers based on a specific one Amount is granted a discount on the total price of the drug order, as long as the prohibition is sufficiently specified, in particular only applies to drugs and not only to goods customary in pharmacies, which is a matter for the referring court to examine;

- that it does not preclude the Member State for which an online sales service of non-prescription medicines is intended from applying to service providers established in another Member State national rules which require pharmacies that sell such medicines to operate in the Process of online drug ordering to include an anamnesis questionnaire;

- that it precludes the Member State for which an online sales service of non-prescription medicines is intended from applying to the service provider established in another Member State a national regulation prohibiting pharmacies selling such medicines from paying links to be used in search engines or price comparison portals, unless evidence is provided before the referring court that such a regulation is suitable to ensure the achievement of an objective of protecting public health and does not go beyond what is necessary for this purpose. 

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