The BGH did not address whether the new German regulation complies with EU law or aligns with EU legal standards.

The Federal Court of Justice (BGH) in Karlsruhe ruled that online pharmacies based in other EU countries can offer bonus rewards on prescription medications to German customers, as previous regulations on drug price binding do not apply to these pharmacies.

The court upheld previous decisions by the Munich Higher Regional Court, which found that price fixing was a valid measure to ensure drug supply in Germany and did not violate EU law.

The BGH emphasized that claims about risks to public health without price regulation require concrete evidence, which was lacking in this case.

The ABDA, the German pharmacists' association, expressed regret over the ruling, warning that maintaining fixed pricing is essential to protect local pharmacies and patients from exploitation.

The BGH referenced ECJ standards, stating that the plaintiff failed to provide sufficient evidence that the absence of price regulation would threaten the widespread supply of medications or public health in Germany.

The court dismissed the case due to lack of 'hard facts,' as the plaintiff did not demonstrate that removing drug price fixing would jeopardize pharmaceutical care nationwide.

DocMorris announced it would resume offering financial bonuses to customers, aiming to offset increased co-payments that have risen by 10% since 2019, with an average of 3.30 euros per pack.

The court found no breach of unfair competition law in the case brought by the Bavarian Pharmacists' Association, ruling there was no risk of repeated violations.

The case originated in 2012 when a Dutch online pharmacy offered a three-euro bonus per medication, leading the Bavarian Pharmacists' Association to sue for violating competition law and price regulations.

The association argued that prescription drugs must be sold at uniform prices in Germany, making bonuses and premiums illegal, and initially succeeded in lower courts.

Recent German regulations now require all pharmacies, including online ones, to sell prescription medicines at the same price to insured patients.

This ruling centered on whether price binding for prescription medications applies to foreign online pharmacies and if enforcing such rules conflicts with EU free trade laws.