End of telemedicine advertising? Federal Court refers case to ECJ for fundamental ruling
2026-04-08 | The German Federal Court of Justice (BGH) has suspended a landmark case on advertising for remote medical treatment and referred it to the European Court of Justice (ECJ) for a preliminary ruling (case I ZR 118/24), according to Wettbewerbszentrale. The core issue is whether Germany’s advertising ban for remote treatment (§ 9 HWG) is compatible with EU freedom to provide services when treatment is conducted by physicians based in other EU countries.
The case was brought by a competition association against a platform offering online diagnoses by Irish partner doctors based solely on written questionnaires, without video or phone contact.
Previously, the Higher Regional Court of Munich prohibited such advertising, stating that purely text-based diagnoses for conditions such as erectile dysfunction or acne do not meet professional standards and require personal consultation. While the BGH considers the national ban a restriction of service freedom, it deems it potentially justified on public health grounds. The ECJ’s decision will have significant implications for telemedicine platforms across the EU, clarifying whether domestic medical standards can be applied to the promotion of cross-border services.
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