RX Discounts: Knockout For German Bonuses Models
BGH rules on bonus systems for dispensing prescription drugs various bonuses models of pharmacies, which all aimed were the subject of decisions, unless the fact that discounts over a large area on the entire range of pharmacies has been granted to subvert the fixed prices for RX drugs prescribed by the medicine pricing Regulation (AmPreisV), unless a discount not directly when purchasing a prescription drug has been realized, but only at a second business regarding OTC products. The BGH has now as expected put an end such avoidance maneuvers, and what already have emerged after its decision of March 26, 2009 to premiums in respect of medical devices. The Court however leaves a backdoor because a unfair will be available only if there is no according to 7 paragraph 1 sentence 1 permissible advertising gift HWG. The inferiority threshold the Supreme Court with a promotional gift valued at 1.00 even for exceeded holds, a promotional gift to the value of 5,00 will be, however, inadmissible. It remains for the time being open whether foreign pharmacies may continue to subvert the discount ban on prescription-only medicines.
The Supreme Court intends, to join the vast jurisdiction of the courts of appeal, which also pharmacies in other Member States of the EU to the AmPreisV involved. In the face of the contrary opinion of the Bundessozialgericht (BSG), the Supreme Court presented this question but the Joint Senate of the Supreme courts of the Federation to the decision. The current national discrimination of German pharmacies cement should this ballot”, the German legislature would be required corrective action to intervene. Then, the fixed price system of the AmPreisV distribution of medicinal products to the final consumer would be generally on the test bench. For more information about the medical product law and the advice of juravendis lawyers in contact: medivendis.de Kadam spiral square 3 85598 Baldham 08106-37789 0 08106-37789-29
Tags: law, law & taxes