Clifford Chance

German fixed price system infringes EU

21 October 2016

With today's judgment the European Court of Justice ("ECJ") has ruled that the

German fixed price system for prescription-only medicinal products ("Rx products")

is incompatible with the principle of the free movement of goods under

European law. Although, consequences of the judgment will have to be assessed

in more detail, to avoid disadvantages for German dispensing pharmacies,

a more radical change of the current legal framework may be required.

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