Arzneimittelversandhandel und Gesundheitsschutz im Binnenmarkt

Mail-order pharmacies from other European countries have been entering the German market for years. At the same time, the number of retail pharmacies in Germany continues to decline. Since mail-order pharmacies are no longer subject to price maintenance under pharmaceutical law, health policy-makers have been discussing a mail-order ban on prescription-only medicines. The book deals with the question of whether such a mail-order ban is permissible under EU law. For this purpose, the standards of review in the case law of the European Court of Justice are examined. In doing so, it shows how the Court has tightened the proportionality control of national health protection measures by focusing on the underlying facts.