German court rules against automated dispensing of medicinal products

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

A comparison of the 2024 and 2025 editions of the Managing IP EMEA Awards reveals the firms and companies that have been dominating Europe’s IP market year after year
Tuesday's coverage includes BD tips for aspiring partners, and a foray into the world of SEPs
Exclusive data reveals law firms are failing to go above and beyond for their corporate clients, with in-house counsel saying advisers should consider more transparent billing processes
Arty Rajendra and Gary Moss discuss why ‘thorough and intense’ preparation, plus the odd glass of wine, led to a record FRAND victory for their client
Monday’s coverage includes news of a potentially 'game-changing' trademark development in China and how practitioners are using AI
Managing IP gives a taster of the numbers behind this year’s IP STARS trademark rankings, and looks back at our 2025 award winners
Updates from IP offices, the shifting requirements of in-house counsel, and news of London 2026 were among major talking points on Sunday
Etienne Sanz de Acedo discusses the association’s three-year plan, what he is looking forward to in San Diego, and why London came calling for 2026
Professionals from three organisations reveal what led them to sponsor Brand Action and why doing so can build camaraderie
The results of a UK government consultation on the exhaustion of IP rights and an annual review published by the EPO’s Boards of Appeal were also among the top talking points this week
Gift this article