Is health really the first thing in life?

Abstract:

The CJEU’s Deutsche Parkinson ruling has set yet another milestone in the series of cases where the Dutch business group DocMorris has challenged German regulations in the healthcare sector.

By judging a system establishing fixed prices for prescription-only drugs unlawful under European Union law, the Court not only reaffirmed its firm stance as the ultimate guardian of the free movement of goods, but also consolidated a demanding standard of proof for a measure to be justified under the Article 36 exception for the protection of health and life of humans.

If the judgment relied on coherent case law with regard to the doctrine of certain selling arrangements and the public interest exceptions, the question looms – at what price?

ESO: Judgment in Case C-148/15. Deutsche Parkinson Vereinigung eV v Zentrale zur Bekämpfung unlauteren Wettbewerbs eV [ECJ: Press Release No.113, 19 October 2016] http://www.europeansources.info/record/press-release-judgment-in-case-c-148-15-deutsche-parkinson-vereinigung-ev-v-zentrale-zur-bekampfung-unlauteren-wettbewerbs-ev/

---