German court rules against automated dispensing of medicinal products

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

German court rules against automated dispensing of medicinal products

Sponsored by

maiwald-logo-cropped.PNG
allec-gomes-dmlidt7xzna-unsplash.jpg

Christian Meyer of Maiwald explores a recent decision which prevents the distribution of medicinal products by means of an automatic dispenser from a foreign mail-order pharmacy

The Federal Court of Justice (FCJ) recently ruled that a Dutch mail-order pharmacy is not allowed to dispense medicines via automatic dispensing machines in Germany because this would not guarantee the safety of medicines (decision of April 30 2020, docket no. I ZR 123/19).



In the opinion of the FCJ, the sale of medicinal products from abroad by means of an automatic dispenser operated in Germany does not constitute "shipment to the end consumer from a pharmacy" within the meaning of Section 73(1) no. 1 lit. a) of the Pharmaceutical Products Act.



The FCJ states that the Court of Appeal was right to hold that the restrictions on the supply of medicinal products which were not observed by the defendant, in particular the national pharmacy obligation (first sentence of Section 43(1) of the Pharmaceutical Products Act) and the modalities of a permissible shipment under Section 73(1) no. 1 lit. a) of the Pharmaceutical Products Act, which require shipment directly from the pharmacy to the customer, serve to ensure the safety of medicinal products and are justified in the interest of a high level of protection for the final consumer pursuant to Article 36 TFEU.



The Court of Appeal did not err in law by finding that the distribution model of the defendant, domiciled in the Netherlands, does not satisfy the requirements of pharmaceutical safety as stipulated in the national provisions directly aimed at protecting public health.



The non-admission complaint against the Court of Appeal’s ruling was rejected by the FCJ owing to a lack of fundamental significance, as was a referral to the Court of Justice of the European Union. In the opinion of the Federal Court of Justice, this is not a case of unlawful interference with the free movement of goods (Article 34 TFEU) and, in any case, such interference would be justified in order to protect the health and life of humans.



Christian Meyer

Principal, Maiwald

E: meyer@maiwald.eu

more from across site and SHARED ros bottom lb

More from across our site

New platform, which covers SEPs covering the Wi-Fi 6 and Wi-Fi 7 standards, includes 10 patent owners
The Texas-based IP litigation hires take King & Spalding’s partner appointments from pre-merger Winston & Strawn up to 12 this year
Sunny Su explains how her team overcame challenges with orchard evidence collection to secure a favourable plant variety decision from China’s top court
Flexible working firm continues trajectory from 2025 with appointment of Matthew Grant and Letao Qin
Anousha Davies, associate and trademark attorney at Birketts, unpicks how the university’s reputation enabled it to see off a proposed trademark for ‘Cambridge Rowing’
IP lawyers, who say they are encouraging clients to build up ‘tariff resilience’, should treat the risks posed by recent orders as a core consideration in cross-border licensing
Regulatory changes and damages risks are prompting Canadian firms and clients to opt for settlements in generic and biosimilar cases
News of Via Licensing Alliance adding two new members and Nokia’s proposal to extend interim licences to Warner Bros Discovery and Paramount were also among the top talking points
A new claim filed by Ericsson, and a request for access to documents, were also among recent developments
Cooley and Stikeman Elliott advised 35Pharma on the deal, which will allow GSK to get its hands on S235, an investigational medicine for pulmonary hypertension
Gift this article