In its ruling of November 6, 2025 (Case No. I ZR 182/22 – Voucher Advertising II), the Federal Court of Justice (BGH) continued its previous case law on voucher advertising for prescription drugs and further specified the requirements, particularly with regard to the German Drug Advertising Act (HWG).
Bonus promotions from a Dutch mail-order pharmacy
Between 2012 and 2015, a Dutch mail-order pharmacy had advertised with various promotions to its customers who redeemed prescriptions with the pharmacy. The North Rhine Chamber of Pharmacists objected to this with reference to the fixed prices of prescription medicines. In 2016, the European Court of Justice (ECJ) then partially lifted the fixed prices for EU mail-order pharmacies in the “German Parkinson’s Association” case, meaning that the Dutch mail-order pharmacy was awarded claims for damages against the Chamber of Pharmacies on the merits.
However, the Chamber of Pharmacists took legal action against this. The appeal it lodged against the ruling of the Düsseldorf Higher Regional Court (OLG) was successful and the BGH partially overturned the ruling.
Only directly effective price reductions are permitted
In its reasoning, the BGH clarified that vouchers, variable bonuses or even non-cash benefits, as the Dutch mail-order pharmacy did in the past with its promotions with cash bonuses, hotel vouchers or free ADAC memberships, violate the exception in Section 7 para. 1 sentence 1 no. 2 letter a HWG. According to this, only discounts and payments with an immediate effect are permitted, but not those that can only be redeemed for future purchases. In particular, bonuses with variable amounts (such as “up to EUR 20 per prescription”) are inadmissible, as they leave the consumer in the dark about the actual benefit and therefore constitute improper influence. Vouchers for subsequent orders, for example for 5 euros or 10 %, are also not considered to be direct cash discounts, but rather promotional gifts and are therefore prohibited in the area of prescription medicines.
In the opinion of the BGH, such national advertising restrictions do not violate EU law, as they serve to protect health and avoid false incentives.
In addition, the BGH objected to the fact that the Düsseldorf Higher Regional Court had not sufficiently examined the relevant Dutch regulations on the operation of a retail pharmacy. According to Section 293 ZPO, courts are obliged to investigate foreign law ex officio. However, the OLG had adopted the information provided by the plaintiff without conducting its own factual investigation.
The route via the ECJ
In July 2023, the BGH had already referred the question of whether the German ban on vouchers is compatible with the free movement of goods under Art. 34 TFEU to the ECJ for a preliminary ruling (Voucher Advertising I).
The ECJ ruled on February 27, 2025 (Case C-517/23) that Member States may impose advertising restrictions on medicinal products in order to protect public health. On this basis, the BGH finally confirmed in its ruling of November 6, 2025 that the German provisions of Section 7 HWG are in line with European law.
Read also: Health data from online pharmacies – ECJ sets clear limits
Are mail-order pharmacies allowed to offer vouchers for prescription drugs?
No. The BGH has clarified that vouchers, bonuses and non-cash benefits are not permitted for prescription medicines. Only directly effective price reductions are permitted.
Does the voucher ban also apply to foreign mail-order pharmacies?
Yes, the ban under Section 7 HWG also applies to EU mail-order pharmacies that supply medicines to Germany. The ECJ has confirmed that the German regulation is compatible with EU law.
What is the difference between a permissible discount and an impermissible voucher?
A price reduction takes effect immediately on the current purchase. Vouchers that can only be redeemed for future orders are considered promotional gifts and are prohibited in the area of prescription medicines.
