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ARTICLE · 21 MARCH 2025

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The CJEU Issues New Ruling On Advertising Of Medicinal Products

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On 27 February 2025, the Court of Justice of the European Union (CJEU) delivered a preliminary ruling in case C-517/23, examining various advertising measures used by DocMorris NV.

GermanyMedia, Telecoms, IT, Entertainment

On 27 February 2025, the Court of Justice of the European Union (CJEU) delivered a preliminary ruling in case C-517/23, examining various advertising measures used by DocMorris NV, a Dutch mail-order pharmacy selling medicinal products in Germany.

The case concerned five different advertising campaigns run by DocMorris NV, involving offering customers monetary rewards, discounts or vouchers in exchange for submitting a medical prescription.

The CJEU assessed two key legal questions:

  1. whether the advertising campaigns fell within the concept of "advertising of medicinal products" under Art. 86(1) of Directive 2001/83/EC on the Community code relating to medicinal products for human use (the Medicines Directive), and

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