On February 27, 2025, two significant rulings were handed down that impact the pharmacy market and digital platform models in Germany. The European Court of Justice (ECJ) and the Federal Court of Justice (BGH) issued key decisions that could also be relevant for cannabis startups. Below, we take a look at these rulings and analyze their potential consequences for the emerging cannabis industry.
ECJ Ruling on Rx Bonuses: Voucher Ban Remains, Direct Discounts Allowed
The ECJ ruled that EU member states may continue to prohibit vouchers offered by mail-order pharmacies for redeeming prescriptions. At the same time, the court clarified that direct cash discounts on prescription medications are not necessarily impermissible. This decision grants member states significant regulatory freedom: Germany can maintain its strict pricing regulations, but it is not obligated to do so.
BGH Ruling: Platforms Allowed, Brokerage Ban Remains
The BGH determined that DocMorris’ marketplace does not violate the brokerage ban, as the monthly base fee is not directly linked to the redemption of prescriptions. Furthermore, the ruling found no risk to nationwide pharmaceutical supply, as the fee does not constitute a concealed commission for prescription mediation.
The 10 percent commission on non-prescription medications was also not deemed an illegal stakeholding. The BGH emphasized that DocMorris merely provides the infrastructure and that the remuneration is not based on the total revenue or profits of the pharmacy. Economic dependence would only arise if a significant portion of a pharmacy’s business relied on such platform transactions.
Conclusion: Adapting to Regulatory Developments is Crucial
These recent rulings illustrate that regulatory frameworks continue to have a significant impact on the distribution and marketing of medications—and consequently, on medical cannabis. For startups, this means they must adapt their business models flexibly and minimize regulatory risks. Platform-based models still appear viable as long as they do not violate the brokerage ban. Pricing strategies will also remain a key issue, particularly as new market segments for cannabis products emerge in the future.
Startups operating in these areas should work closely with legal experts to ensure their strategies comply with the evolving legal landscape.
Two Groundbreaking Rulings for Pharmacies and Online Platforms: Implications for Cannabis Startups
