GERMANY: In controversial ruling, court is allowing Dutch Internet pharmacy to operate branch in Germany

The ruling came on Wednesday (August 9, 2006) after a pharmacist in the southwestern city of Saarbruecken filed a complaint against a local branch of the Dutch Doc Morris Internet pharmacy. The pharmacist had argued that German law only allowed pharmacists and not corporations to open pharmacies, but Doc Morris said the German chemists were only worried about their own monopoly on prices. "We expected the court's decision, and are allowed to continue trading, it shows that German law has to adhere to EU law and this means the consumer benefits," said Pascal Strauss, the manager of the Doc Morris pharmacy in Saarbruecken.. And consumers certainly seemed to appreciate the lower prices, the store was packed with customers after the decision came out. "I think the drugs are cheaper here, and if that is the case then I shall continue to shop here," Michael Wanger said. "The fact that Doc Morris is technically a public limited company makes no difference to the service they provide," Harald Kunz went on. But critics say that the decision will hurt the country's high standard for pharmacies, a view backed by the German Pharmasists Association. "If you have the influence of a third party involved, especially one who is possibly only concerned about capital investment, then this could have effects on the provision of medications which we do not consider to be good for the consumer or to be in the patients interests, and which should be discussed very carefully before one starts changing the system," said the Managing Director of the Association, Lutz Tisch in Berlin. The Minister for Health, Social and Justice in Saarland, who allowed the decision denies this. "The quality of the service being provided to the consumer is not effected at all by the legal status of the company providing the chemist," he said. At the moment the decision on the quality of the products is being decided by the consumer though, and they are deciding out of their pockets.

ITN Source | August 12, 2006

Tags:. .law. .courts. .carefully. .trading. .possibly