EU COURT: EU MEMBER STATES CANNOT BAN EACH OTHER FROM ADVERTISING MEDICINE ACROSS THE BORDERS

07.10.2020

The Dutch company is a licensed pharmacy in the Netherlands sells a number of medications that do not require a prescription in its website. The company also targets the products to French consumers. Company distributed leaflets to French households and targets customers online via sponsored search engine links. French pharmacy owners, complained about the advertising campaign, calling it “unworthy of the pharmacy profession” and arguing that Company was circumventing French advertising regulations that restrict marketing of pharmaceuticals in France.

The French court ruled that the French regulations could not be complied with because the company was located in the Netherlands. Eventually, the Paris Court of Appeals referred the matter to the European Union (“EU”) high court, questioning whether one nation could impose regulations on a company headquartered in another.

French government argued that the restrictions on advertising were in the interest of public health, the EU High Court found they would “restrict the possibility for a pharmacy established in another member state to make itself known to its potential customers in this first member state and to promote the online sales service that it offers to the latter.”

The case now returns to the Paris Court of Appeals for a final decision. 

You can reach the press release of the decision here.

Should you have any queries and/or remarks, please do not hesitate to contact us. 

Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr