Higher Regional Court Frankfurt am Main deems ‘Jauch Discount’ by Shop Apotheke for e-prescriptions inadmissible
On July 3, 2025, the Higher Regional Court of Frankfurt am Main delivered a landmark ruling regarding a discount referred to as the “Jauch Discount” offered by Shop Apotheke to customers when redeeming e-prescriptions (Case No. 6 U 347/24). This ruling provides important clarification for the distribution of medicinal products in online trade and underscores the critical significance of regulatory requirements concerning the dispensing of prescription medications.
Subject of the proceedings: Discount campaign to promote e-prescription redemption
As part of a promotional campaign, the online pharmacy ‘Shop Apotheke’ advertised a flat discount of 10 euros, which was to be granted to customers redeeming prescriptions with certain vouchers – with reference to TV presenter Günther Jauch. The discount was only granted if the prescription was submitted as an electronic prescription (e-prescription). The advertising material specifically emphasized the benefit of the discount associated with the prominent name.
Central issue: Admissibility of incentives in the dispensing of medicinal products
Under German medicinal product law, particularly considering the German Act on Advertising of Medicinal Products (HWG) and the price regulations set forth in the Pharmacy Act, no bonuses, discounts, or other monetary benefits may be granted for prescription medications if these would undercut the statutory pharmacy retail price. The Higher Regional Court of Frankfurt am Main clarified in its ruling that the promotional campaign in question violates these regulations.
Price regulations and the principle of uniform pricing
Especially for prescription medications, the Pharmacy Act stipulates a strict principle of uniform pricing. This is intended, among other things, to ensure that patients pay the same price regardless of the distribution channel – whether in-store or online. This rule applies both to domestic and, with certain limitations, to foreign mail-order pharmacies.
Distinction between prescription and non-prescription medications
The court also made it clear that flexibilities in pricing – for example, for non-prescription products – cannot be extended to prescription medications. Granting a flat discount for the redemption of e-prescriptions is therefore in clear violation of the legal requirements in the area of medicinal product price regulation.
Impact of the ruling on pharmacies, platforms, and patients
Implications under competition law
The ruling addresses not only issues of pharmacy law but also questions of competition law. In particular, it makes clear that the strict norms regarding medicinal product price regulation continue to apply without restriction. Violations can result in warnings issued by competitors or associations and may be prohibited by court order.
Digitalization and the regulatory environment
The ruling clarifies that initiatives to digitalize the healthcare sector – such as the introduction of e-prescriptions – may not be used to circumvent or contravene regulatory requirements. Thus, it outlines the limits for marketing-driven incentives aimed at promoting digital offers in healthcare, which may run contrary to existing legal frameworks.
Significance for businesses in the healthcare market
Providers of medicinal products, platforms for prescription billing, and marketing agencies are required by the Higher Regional Court’s decision to strictly observe applicable price regulations when designing promotional activities and discount campaigns. The decision highlights the ongoing need to thoroughly analyze legal requirements and potential risks before implementing new sales models.
Note on the current legal situation and ongoing developments
The aforementioned decision by the Higher Regional Court of Frankfurt am Main represents an important point of reference for market participants, though dynamic developments continue in German and European medicinal product and competition law. Furthermore, it must be noted that court decisions are always based on the specific circumstances of each individual case, and any final assessment must always be made in light of the particular facts (Source: Higher Regional Court Frankfurt am Main, Judgment of 03.07.2025, Case No. 6 U 347/24).
Conclusion
The decision by the Higher Regional Court of Frankfurt am Main clarifies the boundaries of permissible promotional measures in the pharmaceutical trade – particularly in the context of digitalization and the use of electronic prescriptions. The complex interplay between advertising law, pharmacy law, and competition law requires careful evaluation and review of new marketing activities on a case-by-case basis.
For companies, investors, and other stakeholders in the healthcare market who are dealing with questions regarding the dispensing of medicinal products, pricing, and compliance, it may be helpful to engage with suitable contacts who have a comprehensive understanding of the legal requirements. The Rechtsanwalt of MTR Legal supports clients nationwide and internationally in overcoming complex challenges in regulated markets.
