With the 16th AMG amendment taking effect application of price regulation for medicinal products – and its banning of bonuses on medicinal products in favor of customers – has been enforced for foreign mail-order pharmacies as well. Nevertheless, foreign mail-order pharmacies are still trying to grant these illegal advantages in favor of their German customers. After DocMorris gave up on the EUR 15 prescription bonuses lowering it to the EUR 3 allowed by law the company now grants a EUR 15 bonus to those customers who give particulars with regards to other medication.
The Pharmaceutical Society of Northrine-Westphalia interpretated that as a violation of the amendment and served DocMorris a notice. But DocMorris did not sign a cease-and-desist declaration. Therefore, the case was submitted to the district court of Cologne (Landgericht Köln). The court now ruled that the bonus is not consistent with drug price regulation. Consequently, the bonus was declared a rebate. Doc Morris‘ objection that giving medication details is demanded by Dutch law was not accepted by the court.