Ruling: German Federal Court of Justice confirms admissibility of Rx bonuses

Brussels, 17 July 2025 – Today’s ruling by the German Federal Court of Justice confirms the admissibility of bonus payments on prescription drugs. It sends a strong signal for the European single market by emphasising the importance of European online pharmacies as a cornerstone of a safe, comprehensive and economical supply of medicines in Europe.

The judges saw no convincing evidence that price fixing for prescription drugs was necessary to protect the health of patients or to ensure comprehensive supply in Germany. During the oral hearing, it also became clear that there is no causal link between bonus offers for prescriptions and the decline in the number of pharmacies. On the contrary, online pharmacies contribute significantly to ensuring comprehensive supply.

In times of rising healthcare costs and growing financial pressure, bonus offers make a valuable contribution to reducing the economic burden on patients. They promote the EU Commission’s goal of making medicines affordable and strengthen people’s right to low-threshold access to pharmaceutical care within the European single market. The ruling of the Federal Court of Justice underscores the 2016 ruling of the European Court of Justice (ECJ), according to which rigid price controls for European online pharmacies for prescription drugs violate EU law and discount and bonus offers are generally permissible (ECJ, Case 148/15 – ‘Deutsche Parkinson Vereinigung’; C-517/23).

The European Association of E-Pharmacies (EAEP) welcomes the ruling as an important step towards strengthening the European legal framework and promoting fair and patient-oriented pharmaceutical care.

EAEP Co-President Walter Hess states: “Today’s ruling by the BGH is good news for insured persons. However, it also sends a clear signal to legislators not to create artificial barriers for online pharmacies and telepharmacy in the competition for high-quality patient care.”

EAEP Co-President Olaf Heinrich states: “The ruling of the Federal Court of Justice underlines the need to finally bring competition in the pharmacy market into line with modern standards and make it fair. At a time when Germany is discussing far-reaching pharmacy reform, the ruling shows that security of supply and innovative supply models are not mutually exclusive, but belong together.“

Profile: The European Association of E-Pharmacies (EAEP) represents the voice of e-pharmacies on the European continent. The EAEP promotes its interests mainly with political stakeholders, regional and business actors, with the ultimate aim to improve the health of Europe’s citizens and strengthen the European healthcare system. E-pharmacies have digitalised the classical pharmacy, and therefore act at the crossroads of digitalisation, healthcare, e-commerce and sustainability. As pioneers in digital solutions, the members of the EAEP are dedicated to innovating secure processes for managing health data, delivering medicinal products and facilitating digital healthcare services. Compliant with both national and EU regulations, all members are committed to advancing the quality, safety and efficiency of healthcare for all Europeans.