Pharmacy vending machine in Hüffenhardt anti-competitive

In four proceedings, the Karlsruhe Higher Regional Court has confirmed the prohibition of the operation of a pharmacy vending machine as it was set up in Hüffenhardt. Contrary to the opinion of the operator DocMorris N.V., the transfer of medicines from a Dutch pharmacy to the warehouse in Hüffenhardt was not a permitted “anticipated” mail order business. It does not constitute “dispatch to the end consumer from a pharmacy” (Section 73 para. 1 no. 1 a AMG) if medicines are initially stored in Hüffenhardt without a specific order and then dispensed at the customer’s request. A mail order business requires an order from the end consumer prior to the provision, packaging and dispatch of the medicinal product(press release of the Higher Regional Court of Karlsruhe of May 29, 2019; Higher Regional Court of Karlsruhe, judgment of May 29, 2019, Ref.: 6 U 36/18).