Arzneimittelversandhandel und Gesundheitsschutz im Binnenmarkt

Mail-order pharmacies from other EU Member States have been trying to gain a foothold in the German market for years. At the same time the number of retail pharmacies in Germany continues to decline. Ever since the application of pharmaceutical price fixing to mail-order pharmacies was declared unlawful, German politicians have discussed a ban on mail-order trade of prescription medicines. The book addresses the question whether such a ban is permissible under EU law. For this purpose, it examines the grounds of review in the case law of the European Court of Justice. The analysis reveals how the Court has tightened the proportionality control of national health policies by focusing its review on the underlying facts.