Medicines08/03/04 / cata_european-union-news

This case, referred to the ECJ by a German regional court, reviewed the compatibility of German legislation on the advertising and the sale of medicines with the provisions of the EC treaty on the free movement of goods and the provisions of secondary EC law on the advertisement of medicines, on distance contracts and on electronic commerce.

The ECJ recalled the principle that, when a national provision is the direct implementation of a provision of EC secondary law, such national provision does not need to be reviewed as to its compatibility with the EC Treaty, in the present case, article 28 EC and 30 EC. However, the Court also reaffirmed that decisions of the Members States taken on the basis of provisions of EC secondary legislation must be compatible with the EC Treaty.

In the present case, the Court decided that EC law does not authorize a Member State to fully prohibit the sale over the internet of non prescription medicines, or its advertising by the same means. The Court particularly rejects the argument that sales of non-prescription medicines over the Internet may be less safe than the sales of the same products directly at a pharmacy. The Court underlines that sales of non prescription medicines over the internet, are regulated and supervised in the same way as sales from existing pharmacies, and, in addition, permit orders from home, provide interactive information features and allow more time to reflect on possible questions.