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 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

In the wake of controversy surrounding Banksy’s recent London mural, AJ Park’s Thomas Huthwaite and Eloise Calder delve into the challenges street artists face in protecting their works and rights
Alex Levkin, founder of iPNOTE, discusses reshaping the filing industry through legal tech, and why practitioners’ advice should stretch beyond immediate legal needs
Cohausz & Florack, together with Krieger Mes & Graf von der Groeben, have taken action against Amazon on behalf of three VIA LA licensors
In the fourth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss unconscious bias in the IP workplace and how to address it
Greg Munt, who has moved from Griffith Hack to James & Wells after four decades, hails his new firm’s approach to client service
Practitioners warn that closing the Denver regional office could trigger a domino effect, threatening local innovation and access to IP resources
Law firms are rethinking litigation strategies after USPTO director John Squires said he would take control of PTAB challenges
News of Singapore planning to streamline the licensing framework for foreign law firms and a partnership between Avanci and Xprize were also among the top talking points
In major recent developments, the court also ruled on another request concerning access to documents and appointed a new panel to the Court of Appeal
A new foundation in Chile is giving women in the IP community the mentorship, and visibility they’ve long lacked
Gift this article